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Home My WebLink About2014 07-14 City Council Meeting PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 14, 2014 City Hall, Council Chambers Meeting No. 12-14 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Before addressing the council, sign in with the City Clerk. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments.” D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of June 23, 2014 City Council Workshop Minutes 2. Approval of June 23, 2014 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS None G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Approval of Transfers to Close Capital Funds 3. Approval of Resolution Certifying Election Judges for the August 12, 2014 Primary State Election 4. Approval of a Fee Waiver for a Temporary Food Sales Permit for Boy Scouts of America Troop #461 5. Approval of a Temporary Lawful Gambling Permit and Waiver of Permit Fee for the St. Paul East Parks Lions Club, 2100 White Bear Avenue 6. Approval to Accept Donation from Macy's “I Heart a Park” Program 7. Approval of Resolution for Final Payment and Acceptance of Project, Joy Park Phase II 8. Approval of Lot Repurchase Request for 1713 Laurie Road East 9. Approval of Lot Repurchase Request for Properties South of 2036 English Street North 10. Approval of Work on Fleet Garage Doors at 1902 County Road B East 11. Approval of Agreement for Professional Services, County Road B Trail and Safety Improvements, City Project 14-02 12. Approval to Donate Lockers to Harmony School 13. Approval of Purchase Agreement for the Century Avenue Fire Station, 1177 North Century Avenue H. PUBLIC HEARINGS 1. Approval of Amendments to the Ordinance Regulating Tattoo Establishments—First Reading 2. Approval of Warehousing in Business Commercial Districts by Conditional Use Permit Ordinance Amendment—Second Reading I. UNFINISHED BUSINESS 1. Approve Resolutions Awarding Bond Sale - General Obligation Bonds 2014A and 2014B 2. Approval of Amendments to the City’s Health Codes – Second Reading 3. English Street Petition Update J. NEW BUSINESS 1. Approval of Resolution for a Lawful Gambling Premise Permit for Chops, Inc at McCarron’s Pub & Grill, 1986 Rice Street 2. Approval of the Following Requests for the Days Inn Conversion to Senior Housing at 3030 Southlawn Drive: a. A Conditional Use Permit to Allow Multi-Family Housing in a Business Commercial District b. A Parking Reduction for Fewer Parking Spaces than Required c. A Unit-Size Reduction Variance d. Design Plans 3. Approval of the Maekloth Addition Preliminary Plat and Final Plat, Hazelwood Street and County Road D East 4. Approval of the Following at 1081 Highway 36 for Chuck Whitaker: a. A Conditional Use Permit for Used-Car Sales b. A Variance for Used-Car Sales Closer than 350 Feet to a Residential District 5. Approval of Terra General Contracting as Construction Manager, East Metro Public Safety Training Center, City Project 09-09 K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update 2. Update on Light It Up Maplewood—July 4th Event N. COUNCIL PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings – elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. E1 June 23, 2014 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:00 P.M. Monday, June 23, 2014 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:02 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present C. APPROVAL OF AGENDA Councilmember Koppen moved to approve the agenda as submitted. Seconded by Councilmember Cardinal Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Recreation Programming Overview Parks and Recreation Director Konewko introduced Recreation Manager Robbins who gave the specifics of the report. 2. CAPRA Accreditation Parks and Recreation Director Konewko introduced Bob Bierschied, former Parks & Recreation Director for the City of St. Paul. Mr. Bierschied addressed the council and provided specifics of the report. 3. Presentation on Customer Service Initiatives Citizen Services Director Guilfoile gave the staff report. Police Chief Schnell gave additional information. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 6:55 p.m. Packet Page Number 1 of 264 E2 June 23, 2014 City Council Meeting Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, June 23, 2014 Council Chambers, City Hall Meeting No. 11-14 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:05 p.m. by Mayor Slawik. Public Works Director/City Engineer Thompson gave a report on the recent rain fall and the effect it’s having on the City’s Sanitary Sewer System. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA N3 National Night Out N4 Green Team N5 League of Minnesota Cities Annual Conference Green Step Recognition N6 Planning Commission Report N7 Pavement Deterioration N8 Cardinal Point Issue N9 Tartan Board N10 Fireworks M2 Letter of Intent from LCS Lawn Service M3 4th of July Celebration Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of June 9, 2014 City Council Workshop Minutes Councilmember Juenemann moved to approve the June 9, 2014 City Council Workshop Minutes as submitted. Packet Page Number 2 of 264 E2 June 23, 2014 City Council Meeting Minutes 2 Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of June 9, 2014 City Council Meeting Minutes Councilmember Abrams noted a correction to page 2 of the minutes, under Consent Agenda it should state “Councilmember Abrams requested further information for…” Councilmember Juenemann noted a change to page 21 of the minutes, change agenda item J8 to read “Councilmember Juenemann moved to approve the …” Councilmember Juenemann moved to approve the June 9, 2014 City Council Meeting Minutes as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Announcement of Governor Dayton’s Appointment of Police Chief Schnell to the POST (Peace Officers Standards and Training) Board Mayor Slawik reported on and congratulated Police Chief Schnell for his appointment to the Peace Officers Standards and Training Board. Police Chief Schnell gave additional information. G. CONSENT AGENDA Councilmember Juenemann had a question on G7 and G9; and highlighted G12 and G15. Councilmember Cardinal requested G4 be highlighted. Councilmember Juenemann moved to approve agenda items G1-G15. Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $427,679.61 Checks # 92656 thru # 92702 dated 06/10/14 thru 06/15/14 $469,475.61 Disbursements via debits to checking account dated 06/02/14 thru 06/06/14 Packet Page Number 3 of 264 E2 June 23, 2014 City Council Meeting Minutes 3 $389,404.14 Checks #92703 thru # 92740 dated 06/17/14 $479,906.06 Disbursements via debits to checking account dated 06/09/14 thru 06/13/14 $1,766,465.42 Total Accounts Payable PAYROLL $531,066.88 Payroll Checks and Direct Deposits dated 06/06/14 $640.00 Payroll Deduction check #9990038 thru #9990039 dated 06/06/14 $531,706.88 Total Payroll $2,298,172.30 GRAND TOTAL Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of Resolution Appointing Annastacia Belladonna-Carrera to the Human Rights Commission Councilmember Juenemann moved to approve the Resolution Appointing Annastacia Belladonna-Carrera to the Human Rights Commission. Resolution 14-6-1081 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individual, who has interviewed with the Maplewood City Council, to serve on the following commission: Human Rights Commission Annastacia Belladonna-Carrera, term expires May 1, 2015 Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of Resolution for a Temporary Lawful Gambling Permit for the White Bear Avenue Business Association, 2020 White Bear Avenue N Councilmember Juenemann moved to approve the Resolution for a Temporary Lawful Gambling Permit for the White Bear Avenue Business Association, 2020 White Bear Packet Page Number 4 of 264 E2 June 23, 2014 City Council Meeting Minutes 4 Avenue N. Resolution 14-6-1082 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit is approved for White Bear Avenue Business Association to be used at the Ramsey County Fair, 2020 White Bear Avenue, Maplewood, MN from July 9 through July 13, 2014. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Kopppen Ayes – All The motion passed. 4. Approval to Waive Permit Fees for Ramsey County Fair, 2020 White Bear Avenue N City Clerk Guilfoile gave the staff report. Joe Fox, organizer of the Ramsey County Fair addressed the council and gave additional information. The council applauded Joe Fox for his involvement with the Ramsey County Fair and his role at the Minnesota State Fair. Councilmember Juenemann moved to approve the Permit Fees for a Noise Control Waiver, Fireworks Display and Temporary Amusement Rides be waived for Ramsey County Fair, 2020 White Bear Avenue N. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 3, East Metro Public Safety Training Center Phase I Bid Package 5 Improvements Burn Building and Burn Tower, City Project 09-09 Councilmember Juenemann moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order No. 3, East Metro Public Safety Training Center Phase I Bid Package 5 Improvements Burn Building and Burn Tower, City Project 09-09. Resolution 14-6-1083 Packet Page Number 5 of 264 E2 June 23, 2014 City Council Meeting Minutes 5 Directing Modification of Existing Construction Contract Project 09-09, BID Package 5, Change Order No. 3 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-09, East Metro Public Safety Training Center Phase I Bid Package 5 Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 09-09, Change Order No. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 3 which is an increase of $23,601.45 The revised contract amount is $1,555,462.56. Adopted by the Maplewood City Council on this 23rd day of June 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Approval of Supplemental Agreement for Professional Services, East Metro Public Safety Training Center, City Project 09-09 Councilmember Juenemann moved to approve the Supplemental Letter of Agreement for Professional Services as part of the East Metro Public Safety Training Center Phase 1 Bid Package 3 & 5 Improvements, City Project 09-09 and authorize the City Manager and City Engineer to sign the Supplemental Letter of Agreement. Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Approval of Installation of Stop Sign at Standridge Avenue and Bartelmy Lane Public Works Director/City Engineer Thompson gave the staff report. Councilmember Juenemann moved to approve the recommendation to install a stop sign at the southwest corner of the intersection of Standridge Avenue and Bartelmy Lane. Seconded by Councilmember Koppen Ayes – All The motion passed. Packet Page Number 6 of 264 E2 June 23, 2014 City Council Meeting Minutes 6 8. Approval of a Conditional Use Permit Review, East Metro Public Safety Training Center, Located at Century Avenue, South of Holloway Avenue Councilmember Juenemann moved to approve to review the Conditional Use Permit for the East Metro Public Safety Training Center located at Century Avenue, South of Holloway Avenue again in one year to check on the project’s progress. Seconded by Councilmember Koppen Ayes – All The motion passed. 9. Approval of a Conditional Use Permit Review, Tubman Center East Planned Unit Development, 1725 Monastery Way Planner Martin answered questions of the council. Councilmember Juenemann moved to approve to review the Conditional Use Permit for the St. Paul’s Monastery PUD in one year. Seconded by Councilmember Koppen Ayes – All The motion passed. 10. Approval of a Conditional Use Permit Review, Cottagewood Town House Development, South of Highwood Avenue, East of Dennis Street, West of I- 494 Councilmember Juenemann moved to approve to review the Conditional Use Permit for the Cottagewood PUD again in one year or sooner if the owner proposes a major change to the site. Seconded by Councilmember Koppen Ayes – All The motion passed. 11. Approval of a Conditional Use Permit Revision, First Evangelical Free Church, 2696 Hazelwood Street Councilmember Juenemann moved to approve to review the Conditional Use Permit for the Planned Unit Development at 2696 Hazelwood Street again in one year. Seconded by Councilmember Koppen Ayes – All The motion passed. 12. Approval of Bench Donation from Tennis Sanitation Councilmember Juenemann moved to approve the Resolution Accepting the Bench Donation from Tennis Sanitation. Resolution 14-6- 14-6-1084 Packet Page Number 7 of 264 E2 June 23, 2014 City Council Meeting Minutes 7 Resolution Approving Bench Donation from Tennis Sanitation WHEREAS Maplewood is authorized to receive and accept donations and maintain the same for the benefit of the citizens; and WHEREAS Tennis Sanitation, the City’s recycling contractor, is donating a bench made of recycling bins that were recycled as part of the City’s recycling program; and WHEREAS Tennis’ cost for the bench donation is $799.92 and includes the cost of the bench and freight; and WHEREAS the City’s crews will assemble and install the bench and landscaping on the northwest corner of City Hall, adjacent the pond trail. NOW, THEREFORE, BE IT RESOLVED pursuant to Minnesota Statute, section 465.03, that the Maplewood City Council approves, receives and accepts the bench donation. The Maplewood City Council adopts this resolution on June 23, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 13. Approval of Resolution for Final Payment and Acceptance of Project, Police Department Expansion Project – Phase 2 Councilmember Juenemann moved to approve the Resolution Approving the Final Payment and Acceptance of Project, Police Department Expansion Project – Phase 2. Resolution 14-6-1085 Approving Final Payment and Acceptance of Project Police Department Expansion Project – Phase 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Police Department Expansion Project – Phase 2, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the IT Director for the City of Maplewood has determined that the Police Department Expansion Project – Phase 2, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. Police Department Expansion Project – Phase 2 is complete and the final construction cost is $372,020.63. Final payment to Weber, Inc., and the release of any retainage or escrow is hereby authorized. Approved this 23rd day of June 2014. Packet Page Number 8 of 264 E2 June 23, 2014 City Council Meeting Minutes 8 Seconded by Councilmember Koppen Ayes – All The motion passed. 14. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 4 with Jorgenson Construction, Police Department Expansion Project – Phase 3 Councilmember Juenemann moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order 4 with Jorgenson Construction, Police Department Expansion Project – Phase 3. Resolution 14-6-1086 Directing Modification of Existing Construction Contract Police Department Expansion Project – Phase 3, Change Order No. 4 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Police Department Expansion Project – Phase 3, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Police Department Expansion Project – Phase 3, Change Order No. 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order No. 4 which is an increase of $62,142.00. The revised contract amount is $2,292,692.00. Adopted by the Maplewood City Council on this 23rd day of June 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 15. Approve Memorandum of Understanding with St. John’s Hospital for Certain Healthcare Services City Attorney Kantrud gave the staff report. Councilmember Juenemann moved to approve the Mayor and City Manager execute the Memorandum of Understanding with HealthEast St. John’s Hospital supporting their application to participate in the Federal Government’s 340B Drug Discount Program. Seconded by Councilmember Koppen Ayes – All The motion passed. Packet Page Number 9 of 264 E2 June 23, 2014 City Council Meeting Minutes 9 H. PUBLIC HEARING 1. Approval of Amendments to the City’s Health Codes – First Reading Health Officer Wellens gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the first reading of amendements to the City’s Health Codes (Chapter 12 and 14). The second reading is scheduled for July 14, 2014. Seconded by Councilmember Cardinal Councilmember Juenemann moved to table the motion until after the public hearing, Mayor Slawik opened the public hearing. No one spoke. Mayor Slawik closed the public hearing. Councilmember Juenemann moved to approve the first reading of amendments to the City’s Health Codes (Chapter 12 and 14). The second reading is scheduled for July 14, 2014. Seconded by Councilmember Cardinal Ayes – All The motion passed. I. UNFINISHED BUSINESS 1. Detachment Hearing Regarding Johnson/Berwald Petition a. Intent to Close Meeting (§13D.05) City Attorney Kantrud gave the justification for closing the meeting. Mayor Slawik closed the meeting. Mayor Slawik called the meeting back to order. City Attorney Kantrud gave a brief overview of the closed session. J. NEW BUSINESS None K. AWARD OF BIDS None L. VISITOR PRESENTATION 1. William Diesslin, Maplewood Resident 2. Tim Kinley, Maplewood Resident Packet Page Number 10 of 264 E2 June 23, 2014 City Council Meeting Minutes 10 3. Bob Zick, North St. Paul Resident M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update Interim City Manager Coleman gave the council calendar update. 2. Letter of Intent Interim City Manager Coleman gave the report on the offer for the Maplewood Fire Station on Century Avenue. 3. 4th of July Celebration Citizen Services Director Guilfoile gave the report on the specifics of the July 4th Celebration. N. COUNCIL PRESENTATIONS 1. Review Interim City Manager Coleman’s Goals and Expectations Councilmember Abrams gave the staff report and answered questions of the council. 2. City Manager Search Timeline / Process Human Resource Attorney Bethel gave the staff report and answered questions of the council. City Attorney Kantrud answered additional questions. Councilmember Koppen moved to start a search process and appoint a two member committee of council members to work with city staff and set a timeline to bring back to the council for approval. Councilmember Abrams made a friendly amendment that council members submit characteristics of the city manager and questions to what qualities we want in a city manager and identify issues that they would like to have in a city manager. Councilmember Koppen accepted the friendly amendment. Seconded by Councilmember Cardinal Ayes – All The motion passed. Council Members Cardinal and Juenemann will be on the Committee. 3. National Night Out Councilmember Juenemann informed the residents that national night out is scheduled Tuesday, August 5th and encouraged everyone to participate. Packet Page Number 11 of 264 E2 June 23, 2014 City Council Meeting Minutes 11 4. Green Team Councilmember Juenemann reported on the Green Team meeting she attended last week. 5. League of Minnesota Cities Annual Conference Green Step Recognition Councilmember Abrams reported on the League of Minnesota Cities Annual Conference she attended on June 18th, 19th and 20th in St. Cloud where she received a presentation in recognition of the City’s participation in the Minnesota’s Green Step Cities Program at the Step 3 Level. Councilmember Juenemann noted the City is over halfway to Step 4. 6. Planning Commission Report Councilmember Cardinal reported on the Planning Commission meeting he attended on Tuesday, June 17th. 7. Pavement Deterioration Councilmember Cardinal reported on articles in the Star Tribune and Pioneer Press regarding asphalt roads crumbling in Woodbury, MN. Public Works Director/City Engineer Thompson gave additional information. 8. Cardinal Point Issue Councilmember Cardinal reported on an issue that there are some tree branches approaching Cardinal Point property. The City of Maplewood does not own the property and Ramsey County does want to permit them to cut the branches. Staff will look into the issue. 9. Tartan Board Councilmember Koppen reported on the Tartan Ice Arena Board Meeting he and councilmember Cardinal attended on Monday, June 9th. Councilmember Cardinal gave additional information. 10. Fireworks Councilmember Cardinal reported on Maplewood Fireworks that will take place at Hazelwood Park on Friday, July 4th. O. ADJOURNMENT Mayor Slawik adjourned the meeting at 10:03 p.m. Packet Page Number 12 of 264 TO:Melinda Coleman, Interim City Manager FROM:Gayle Bauman, Finance Director DATE: SUBJECT:Approval of Claims 1,496,032.90$ Checks #92744 thru # 92784 dated 06/24/14 161,049.21$ Disbursements via debits to checking account dated 06/16/14 thru 06/20/14 238,111.65$ Checks # 92785 thru #92826 dated 06/24/14 thru 07/01/14 537,356.34$ Disbursements via debits to checking account dated 06/23/14 thru 06/27/14 2,432,550.10$ Total Accounts Payable 524,064.24$ Payroll Checks and Direct Deposits dated 06/20/14 890.15$ Payroll Deduction check # 990054 thru # 990056 dated 06/20/14 524,954.39$ Total Payroll 2,957,504.49$ GRAND TOTAL Attachments Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. PAYROLL MEMORANDUM July 3, 2014 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: G1 Packet Page Number 13 of 264 Check Description Amount 92744 03067 CONSULTANT FEE - SENIOR MGMT TEAM 4,950.00 92745 03516 SECURITY OFFICER MCC JUNE 7 280.00 92746 00585 NET BILLABLE TICKETS - MAY 1,213.65 92747 04206 ATTORNEY SRVS FEES/RENT - JULY 15,766.67 92748 02196 POLICE DEPT EXPANSION PHASE 3 661,580.00 92749 00985 WASTEWATER - JULY 230,271.57 92750 01202 MAPLEWOOD LIVING,SEASONS - JUNE 9,433.54 92751 01463 MCC MASSAGES - MAY 1 - 15 341.50 92752 01546 DAYCAMP & STAFF SHIRTS 1,324.00 01546 AQUATIC & BLDG ATTENDANT UNIFORM 182.00 92753 05352 REIMB MEMBERSHIP DUES & WORKSHOP 35.00 92754 01190 ELECTRIC & GAS UTILITY 1,936.32 01190 ELECTRIC & GAS UTILITY 1,355.49 01190 ELECTRIC & GAS UTILITY 179.40 01190 FIRE SIRENS 36.14 92755 05362 EDUCATIONAL WORKSHOP 4/3/14 200.00 92756 02947 REIMB FOR IRRIGATION SYS REPAIR 5,300.00 92757 05363 REIMB FOR OAR & OAR LOCK 6/13 48.19 92758 03877 MEMBERSHIP DUES & WORKSHOP 35.00 92759 05361 2013A BOND COSTS 1,500.00 92760 05360 FIELD MARKING PAINT 144.81 92761 04549 ZUMBA SAT MORNINGS & MALL PROMO 90.00 92762 05160 GUITAR INSTRUCTION - JUNE 172.00 92763 05229 ANNUAL SRVS FOR GPS TRACKING UNITS 2,340.00 92764 05330 MCC EVENT JUNE 7 POP UP MUSICAL 265.50 92765 04461 ESCROW RELEASE 2390 KELLER PKWY 1,005.70 92766 00671 ATHLETIC FIELD MARKING PAINT 1,416.00 92767 03330 PARK SYSTEM PLAN PROF SRVS - MAY 6,322.75 92768 04909 SOLAR ENERGY WALL DISPLAY 1/2 PMT 3,250.00 92769 00857 SAFETY & LOSS CONTROL WORKSHOP 20.00 92770 04318 PROJ 09-09 EMPSTC PHASE 1 PMT#1 182,339.20 92771 01175 MONTHLY UTILITIES - MAY 3,150.48 01175 FIBER OPTIC ACCESS CHG - JUNE 1,000.00 92772 04092 ESCROW RELEASE 1885 CO RD D E 5,031.37 92773 00001 REIMB M LUNA - DIRT & SOD 200.33 92774 01345 ACTIVITY RECORDER/REG - APRIL 184.00 01345 ACTIVITY RECORDER/REG - APRIL 112.00 01345 ACTIVITY RECORDER/REG - APRIL 46.00 92775 01337 PROPERTY TAXES - 1481 HENRY LN S 6,154.92 01337 PROPERTY TAXES 2228 MAPLEWOOD DR 5,223.96 01337 PROPERTY TAXES - 0 HENRY LN S 1,953.72 01337 PROPERTY TAXES - 1501 HENRY LN S 1,953.72 01337 PROPERTY TAXES - UNASSIGNED 1,953.72 01337 PROPERTY TAXES - 2410 CARVER AVE E 1,598.40 01337 PROPERTY TAXES - 1461 HENRY LN S 591.84 92776 04201 SIREN MAINTENANCE 5,741.00 92777 01578 MISC SUPPLIES 789.80 01578 MISC SUPPLIES 462.30 92778 05342 PROJ 12-14 FIRE DEPT SOUTH PMT#4 209,055.10 92779 01649 S130 BOBCAT SKID LOADER 1,900.00 92780 04357 BIOMEDICAL SERVICES 630.00 92781 03606 PROJ 11-19 RAINWATER GARDENS FINAL 5,989.49 92782 04179 PROGRAM DISPLAY SIGN MCC - MAY 325.00 06/24/2014 JORGENSON CONST INC 06/24/2014 VISUAL IMAGE PROMOTIONS 06/24/2014 SISTER ROSALIND GEFRE 06/24/2014 SUBURBAN SPORTSWEAR 06/24/2014 SUBURBAN SPORTSWEAR 06/24/2014 METROPOLITAN COUNCIL 06/24/2014 NYSTROM PUBLISHING CO INC 06/24/2014 06/24/2014 ANTHONY GABRIEL 06/24/2014 GOPHER STATE ONE-CALL 06/24/2014 H A KANTRUD Check Register City of Maplewood 06/19/2014 Date Vendor 06/24/2014 CRAIG RAPP LLC XCEL ENERGY 06/24/2014 XCEL ENERGY 06/24/2014 45 NORTH SOLAR 06/24/2014 CHRISTOPHER SWANSON 06/24/2014 XCEL ENERGY 06/24/2014 XCEL ENERGY 06/24/2014 BARTHE & WAHRMAN 06/24/2014 BEACON ATHLETICS 06/24/2014 JAN ALICE CAMPBELL 06/24/2014 A A METCALF MOVING STORAGE CO 06/24/2014 JOSHUA ANDERSON 06/24/2014 ASSOC OF RECYCLING MANAGERS 06/24/2014 HAGSTROM BUILDER INC. 06/24/2014 HIRSHFIELD'S 06/24/2014 HOISINGTON KOEGLER GROUP INC 06/24/2014 JOSE D CARBAJAL 06/24/2014 COVERT TRACK GROUP INC. 06/24/2014 JENNIFER JEAN ECKES 06/24/2014 CITY OF NORTH ST PAUL 06/24/2014 CITY OF NORTH ST PAUL 06/24/2014 NORTHWEST ASPHALT, INC. 06/24/2014 KIDZIBITS 06/24/2014 LEAGUE OF MINNESOTA CITIES 06/24/2014 MILLER EXCAVATING, INC. 06/24/2014 RAMSEY COUNTY 06/24/2014 RAMSEY COUNTY-PROP REC & REV 06/24/2014 RAMSEY COUNTY-PROP REC & REV 06/24/2014 ONE TIME VENDOR 06/24/2014 RAMSEY COUNTY 06/24/2014 RAMSEY COUNTY 06/24/2014 RAMSEY COUNTY-PROP REC & REV 06/24/2014 RAMSEY COUNTY-PROP REC & REV 06/24/2014 READY WATT 06/24/2014 RAMSEY COUNTY-PROP REC & REV 06/24/2014 RAMSEY COUNTY-PROP REC & REV 06/24/2014 RAMSEY COUNTY-PROP REC & REV 06/24/2014 TERRA GERERAL CONTRACTORS 06/24/2014 TRI-STATE BOBCAT, INC. 06/24/2014 UNIVERSAL HOSPITAL SRVS, INC. 06/24/2014 URBAN COMPANIES 06/24/2014 T R F SUPPLY CO. 06/24/2014 T R F SUPPLY CO. G1, Attachment 1 Packet Page Number 14 of 264 92783 05220 PROJ 09-09 EMPSTC PMT#6 80,042.72 92784 05349 PROJ 09-09 EMPSTC PMT#2 21,212.00 05349 PROJ 09-09 EMPSTC FINAL PMT 7,396.60 1,496,032.9041Checks in this report. 06/24/2014 WEBER, INC. 06/24/2014 WHP TRAININGTOWERS 06/24/2014 WHP TRAININGTOWERS G1, Attachment 1 Packet Page Number 15 of 264 Settlement Date Payee Description Amount 6/16/2014 MN State Treasurer Drivers License/Deputy Registrar 40,440.52 6/16/2014 VANCO Billing fee 120.75 6/17/2014 MN State Treasurer Drivers License/Deputy Registrar 16,463.08 6/18/2014 MN State Treasurer Drivers License/Deputy Registrar 23,563.12 6/19/2014 MN State Treasurer Drivers License/Deputy Registrar 34,542.87 6/20/2014 MN State Treasurer Drivers License/Deputy Registrar 29,864.00 6/20/2014 MN Dept of Natural Resources DNR electronic licenses 1,222.18 6/20/2014 MN Dept of Revenue Sales Tax 7,531.00 6/20/2014 MN Dept of Revenue Fuel Tax 342.29 6/20/2014 ICMA (Vantagepointe)Deferred Compensation 4,308.00 6/20/2014 Optum Health DCRP & Flex plan payments 2,651.40 161,049.21 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachment 1 Packet Page Number 16 of 264 Check Description Amount 92785 02464 FUNDS FOR MCC ATM 10,000.00 92786 02149 MARKETING & ADVERTISING - JUNE 4,000.00 92787 04137 KARATE INSTRUCTION DEC2013-MAY2014 1,575.81 92788 05028 CITY HALL SOLAR SYSTEM LEASE-JUNE 397.00 05028 MCC SOLAR SYSTEM LEASE - JUNE 369.00 92789 04572 ROOF REPAIRS - PUBLIC WORKS 1,673.00 04572 ROOF REPAIRS - NATURE CENTER 609.00 92790 01949 CANDIDATE SCREENING 375.00 92791 03875 REIMB FOR TUITION 1/1 - 6/1 409.53 92792 00932 MDSE FOR RESALE 402.00 92793 02043 REPLACE FIRE DROP DOOR/PW GARAGE 20,905.00 02043 REPAIR DOOR #3 IN PW GARAGE 1,463.00 92794 01337 PLANTS 108.00 92795 02930 REIMB FOR MILEAGE 1/1 - 6/30 103.21 92796 05215 SOCCER CLINIC INSTRUCTION 1,600.00 92797 05339 STORAGE TRAILER RENTAL FOR PDEP 1,012.50 92798 03874 PANEL CLEANING - P&R - CD 2,109.75 92799 02929 LTC MONTHLY PREMIUM - JULY 366.84 92800 03339 SHIRTS FOR MW MELTDOWN PROG 187.50 92801 03218 1ST TIME DENIED CVR INCORRECT VIN 1,871.62 03218 2ND TIME DENIED CVR INCORRECT VIN 1,871.62 92802 01897 ESCROW REL 2985 MAPLEWOOD DR N 534.03 92803 00857 LOSS CONTROL WORKSHOP 20.00 92804 03818 MONTHLY PREMIUM - JULY 169,707.12 92805 01126 MONTHLY PREMIUM - JULY (JUNE DED)496.00 92806 00001 REFUND L KOENIG MERSC DISCOUNT 219.07 92807 00001 REFUND G SOBANIA LIFE GUARD TRAIN 200.00 92808 00001 REFUND C SPRAGGINS B-DAY PARTY 112.48 92809 00001 REFUND M BOHANNAN ROOM RENTAL 85.70 92810 00001 REFUND K FREUND SOFTBALL 70.00 92811 00001 REFUND AYD HP BENEFIT 60.00 92812 00001 REFUND L BURFIEND HP BENEFIT 60.00 92813 00001 REFUND K ALBERT HP BENEFIT 40.00 92814 00001 REFUND D HARDEN BCBS BENEFIT 40.00 92815 00001 REFUND C BRYNGELSON HP BENEFIT 20.00 92816 00001 REFUND J STUTSMAN HP BENEFIT 20.00 92817 00001 REFUND J FITZPATRICK BCBS BENEFIT 20.00 92818 00001 REFUND J KORMANN BCBS BENEFIT 20.00 92819 03897 2014 VOTING SYSTEM 6,818.18 92820 04054 DJ SERVICES MCC & CARVER 400.00 92821 05338 DUMPSTER & TRASH REMOVAL 1,141.69 92822 01418 DAY CAMP SNACKS 204.58 01418 CAKE/CUP CAKES FOR RETIREMENT 46.59 92823 00006 REFUND P MCCARTHY HP BENEFIT 180.00 92824 00006 REFUND TETZLAFF HP BENEFIT 40.00 92825 01836 STREET LIGHT REPAIR LYDIA & MARY 1,838.70 01836 PRINTING FEES FOR MARKETING 390.38 01836 PRINTING FEES FOR MARKETING 284.23 01836 STREET LIGHT REPAIR LYDIA & MARY 218.76 01836 RADIO MAINT CHGS APRIL - MAY 122.23 01836 PRINTING FEES FOR MARKETING 111.50 01836 PRINTING FEES FOR MARKETING 81.31 01836 PRINTING FEES FOR MARKETING 60.72 07/01/2014 HEIDI CAREY 07/01/2014 THE EDGE MARTIAL ARTS 07/01/2014 ENERGY ALTERNATIVES SOLAR, LLC 07/01/2014 JASON KREGER 07/01/2014 MAPLEWOOD BAKERY 07/01/2014 DEB SCHMIDT 06/27/2014 CORESTRONG FITNESS LLC 07/01/2014 CHRIS MASTELL TRAILER RENTALS 07/01/2014 OVERHEAD DOOR COMPANY 07/01/2014 OVERHEAD DOOR COMPANY 07/01/2014 Check Register City of Maplewood 06/26/2014 Date Vendor 06/24/2014 US BANK 07/01/2014 GARY L FISCHLER & ASSOC PA 07/01/2014 ENERGY ALTERNATIVES SOLAR, LLC 07/01/2014 ETTEL & FRANZ ROOFING CO. 07/01/2014 ETTEL & FRANZ ROOFING CO. 07/01/2014 LEAGUE OF MINNESOTA CITIES 07/01/2014 MEDICA 07/01/2014 NCPERS MINNESOTA RAMSEY COUNTY-PROP REC & REV 07/01/2014 KLINE NISSAN 07/01/2014 KLINE NISSAN 07/01/2014 KRAUS-ANDERSON CONSTRUCTION CO 07/01/2014 COMMERCIAL FURNITURE SERVICES 07/01/2014 GLTC PREMIUM PAYMENTS 07/01/2014 GRAFFIC TRAFFIC LLC 07/01/2014 ONE TIME VENDOR 07/01/2014 ONE TIME VENDOR 07/01/2014 ONE TIME VENDOR 07/01/2014 ONE TIME VENDOR 07/01/2014 ONE TIME VENDOR 07/01/2014 ONE TIME VENDOR 07/01/2014 ONE TIME VENDOR 07/01/2014 ONE TIME VENDOR 07/01/2014 ONE TIME VENDOR 07/01/2014 ONE TIME VENDOR 07/01/2014 ONE TIME VENDOR 07/01/2014 ONE TIME VENDOR 07/01/2014 REPUBLIC SERVICES #923 07/01/2014 SAM'S CLUB DIRECT 07/01/2014 SAM'S CLUB DIRECT 07/01/2014 ONE TIME VENDOR 07/01/2014 RAMSEY C0 LEAGUE OF LOCAL GOV 07/01/2014 STEVEN REED 07/01/2014 ST PAUL, CITY OF 07/01/2014 ST PAUL, CITY OF 07/01/2014 ST PAUL, CITY OF 07/01/2014 SILVER FIT 07/01/2014 SILVER FIT 07/01/2014 ST PAUL, CITY OF 07/01/2014 ST PAUL, CITY OF 07/01/2014 ST PAUL, CITY OF 07/01/2014 ST PAUL, CITY OF 07/01/2014 ST PAUL, CITY OF G1, Attachment 1 Packet Page Number 17 of 264 92825 01836 PRINTING FEES FOR MARKETING 39.00 92826 05323 COMPLETION OF DRAFT CONTEXT STUDY 3,000.00 238,111.6542Checks in this report. 07/01/2014 ST PAUL, CITY OF 07/01/2014 THOMAS R. ZAHN & ASSOC. G1, Attachment 1 Packet Page Number 18 of 264 Settlement Date Payee Description Amount 6/23/2014 MN State Treasurer Drivers License/Deputy Registrar 51,637.20 6/23/2014 U.S. Treasurer Federal Payroll Tax 99,832.57 6/23/2014 P.E.R.A.P.E.R.A.92,967.97 6/23/2014 US Bank VISA One Card*Purchasing card items 45,189.28 6/23/2014 ING - State Plan Deferred Compensation 30,367.00 6/24/2014 MidAmerica - ING HRA Flex plan 13,640.74 6/24/2014 Labor Unions Union Dues 3,551.62 6/24/2014 MN State Treasurer Drivers License/Deputy Registrar 31,781.36 6/24/2014 MN State Treasurer State Payroll Tax 20,608.23 6/25/2014 MN State Treasurer Drivers License/Deputy Registrar 43,694.53 6/26/2014 MN State Treasurer Drivers License/Deputy Registrar 57,079.09 6/27/2014 MN State Treasurer Drivers License/Deputy Registrar 43,271.65 6/27/2014 MN Dept of Natural Resources DNR electronic licenses 1,005.50 6/27/2014 Optum Health DCRP & Flex plan payments 2,729.60 537,356.34 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachment 1 Packet Page Number 19 of 264 Transaction Date Posting Date Merchant Name Transaction Amount Name 06/09/2014 06/13/2014 GOVERNMENT FINANCE OFFIC ($100.00)GAYLE BAUMAN 06/10/2014 06/12/2014 GOVERNMENT FINANCE OFFIC $505.00 GAYLE BAUMAN 05/30/2014 06/02/2014 OFFICE DEPOT #1090 $56.04 REGAN BEGGS 06/04/2014 06/06/2014 ST PAUL STAMP WORKS INC $77.55 REGAN BEGGS 06/04/2014 06/06/2014 ASPEN MILLS INC.$111.30 MARKESE BENJAMIN 05/29/2014 06/02/2014 THE HOME DEPOT 2801 ($21.40)CHAD BERGO 05/31/2014 06/02/2014 TM *PEARL JAM $174.42 CHAD BERGO 06/04/2014 06/06/2014 CALHOUN SQUARE $10.00 CHAD BERGO 06/02/2014 06/03/2014 RAY ALLEN MANUFACTURING,$57.88 BRIAN BIERDEMAN 06/02/2014 06/04/2014 COMO PARK ANIMAL HOSPITAL $133.66 BRIAN BIERDEMAN 06/02/2014 06/04/2014 THE HOME DEPOT 2801 $55.37 OAKLEY BIESANZ 06/05/2014 06/09/2014 INTERNATIONAL ASSOCIAT $209.00 RON BOURQUIN 06/04/2014 06/05/2014 TARGET 00011858 $33.71 NEIL BRENEMAN 06/04/2014 06/05/2014 MICHAELS STORES 2744 $27.64 NEIL BRENEMAN 06/11/2014 06/12/2014 CUB FOODS #1599 $12.57 NEIL BRENEMAN 06/11/2014 06/12/2014 OAKDALE RENTAL CENTER $194.00 TROY BRINK 06/09/2014 06/10/2014 JOHN'S PIZZA CAFE $30.18 DAN BUSACK 06/10/2014 06/12/2014 THE NOOK $37.00 DAN BUSACK 06/11/2014 06/12/2014 CULVERS OF ST. PAU $27.09 DAN BUSACK 06/10/2014 06/10/2014 INT'L CODE COUNCIL INC $125.00 NICHOLAS CARVER 05/30/2014 06/02/2014 MILLS FLEET FARM #2,700 $154.99 SCOTT CHRISTENSON 06/02/2014 06/04/2014 THE HOME DEPOT 2801 $51.25 SCOTT CHRISTENSON 06/03/2014 06/05/2014 THE HOME DEPOT 2801 $33.80 SCOTT CHRISTENSON 06/04/2014 06/05/2014 BEARING DIST*$20.80 SCOTT CHRISTENSON 06/04/2014 06/06/2014 THE HOME DEPOT 2801 $67.60 SCOTT CHRISTENSON 06/11/2014 06/13/2014 WW GRAINGER $323.85 SCOTT CHRISTENSON 06/06/2014 06/09/2014 TWIN CITIES TRANS & REC $1,020.00 KERRY CROTTY 05/30/2014 06/02/2014 ADAM S PEST CONTROL INC $73.81 CHARLES DEAVER 06/03/2014 06/05/2014 DEGE GARDEN CENTER $56.77 CHARLES DEAVER 06/04/2014 06/05/2014 DALCO ENTERPRISES, INC $24.80 CHARLES DEAVER 06/04/2014 06/05/2014 WW GRAINGER $45.57 CHARLES DEAVER 06/06/2014 06/09/2014 DALCO ENTERPRISES, INC $102.77 CHARLES DEAVER 06/06/2014 06/09/2014 MENARDS 3022 $11.39 CHARLES DEAVER 06/07/2014 06/09/2014 MENARDS 3022 $2.02 CHARLES DEAVER 06/02/2014 06/03/2014 UNIFORMS UNLIMITED INC.$214.20 JOSEPH DEMULLING 06/07/2014 06/09/2014 KWIK TRIP 41500004150 $20.00 JOSEPH DEMULLING 06/02/2014 06/03/2014 UNIFORMS UNLIMITED INC.$46.50 RICHARD DOBLAR 05/30/2014 06/02/2014 CONTINENTAL RESEARCH COR $305.91 TOM DOUGLASS 06/02/2014 06/03/2014 CONTINENTAL RESEARCH COR $35.77 TOM DOUGLASS 06/03/2014 06/04/2014 THERMO DYNE INC $694.67 TOM DOUGLASS 06/03/2014 06/04/2014 STATE SUPPLY $138.12 TOM DOUGLASS 06/04/2014 06/06/2014 THE HOME DEPOT 2801 $71.92 TOM DOUGLASS 06/05/2014 06/06/2014 AMERICAN FLAGPOLE & FLAG $289.92 TOM DOUGLASS 06/06/2014 06/09/2014 SCHELENGRAYAUTOELECTRI $457.41 TOM DOUGLASS 06/06/2014 06/09/2014 NUCO2 $154.97 TOM DOUGLASS 06/06/2014 06/09/2014 NUCO2 $230.40 TOM DOUGLASS 06/06/2014 06/09/2014 NUCO2 $234.08 TOM DOUGLASS 06/09/2014 06/11/2014 THE HOME DEPOT 2801 $64.17 TOM DOUGLASS 06/11/2014 06/12/2014 THE TRANE COMPANY $398.00 TOM DOUGLASS 06/12/2014 06/13/2014 CONTINENTAL RESEARCH COR ($257.93)TOM DOUGLASS 06/12/2014 06/13/2014 BURKERT FLUID CONTROL SYS $280.32 TOM DOUGLASS 06/12/2014 06/13/2014 WW GRAINGER $280.18 TOM DOUGLASS 04/26/2014 06/10/2014 ST JOSEPH'S HOSPITAL ($34.10)MICHAEL DUGAS 06/03/2014 06/05/2014 GARY CARLSON EQUIPMENT $40.40 DOUG EDGE 06/04/2014 06/05/2014 OAKDALE RENTAL CENTER $184.00 DOUG EDGE 06/04/2014 06/05/2014 MENARDS 3059 $23.94 DOUG EDGE G1, Attachment 1 Packet Page Number 20 of 264 06/05/2014 06/06/2014 OAKDALE RENTAL CENTER $194.00 DOUG EDGE 06/04/2014 06/05/2014 BLUE RIBBON BAIT & TACKLE $19.00 PAUL E EVERSON 06/10/2014 06/11/2014 HEJNY RENTAL INC $18.00 PAUL E EVERSON 05/30/2014 06/02/2014 SCOTT MACHINE& E-BADGE $1,068.97 LARRY FARR 05/30/2014 06/02/2014 ELECTRO WATCHMAN INC $377.50 LARRY FARR 05/30/2014 06/02/2014 CINTAS 470 $83.76 LARRY FARR 05/31/2014 06/02/2014 THE TRANE COMPANY $3,176.00 LARRY FARR 06/03/2014 06/04/2014 CERTIFIED LABORATORIES $265.75 LARRY FARR 06/03/2014 06/05/2014 WM EZPAY $798.60 LARRY FARR 06/03/2014 06/05/2014 WM EZPAY $798.60 LARRY FARR 06/03/2014 06/10/2014 CINTAS 470 ($100.00)LARRY FARR 06/04/2014 06/05/2014 CINTAS 470 $334.12 LARRY FARR 06/05/2014 06/06/2014 WM EZPAY $497.31 LARRY FARR 06/05/2014 06/09/2014 WM EZPAY $226.14 LARRY FARR 06/06/2014 06/09/2014 G&K SERVICES AR $1,374.40 LARRY FARR 06/06/2014 06/09/2014 G&K SERVICES AR $903.82 LARRY FARR 06/06/2014 06/09/2014 CINTAS 470 $137.76 LARRY FARR 06/06/2014 06/09/2014 CINTAS 470 $50.16 LARRY FARR 05/29/2014 06/02/2014 B & H PHOTO-VIDEO.COM $1,438.78 MYCHAL FOWLDS 06/02/2014 06/04/2014 PAYFLOW/PAYPAL $59.95 MYCHAL FOWLDS 06/04/2014 06/06/2014 CALHOUN SQUARE $9.00 NICK FRANZEN 06/05/2014 06/06/2014 AMAZON.COM $69.99 NICK FRANZEN 06/09/2014 06/10/2014 AMAZON MKTPLACE PMTS $59.98 NICK FRANZEN 06/11/2014 06/12/2014 IDU*INSIGHT PUBLIC SEC $82.47 NICK FRANZEN 06/12/2014 06/13/2014 BEST BUY MHT 00000109 $107.10 NICK FRANZEN 05/30/2014 06/02/2014 OFFICE DEPOT #1090 $79.06 JEAN GLASS 05/30/2014 06/02/2014 AMAZON.COM $39.08 JAN GREW HAYMAN 06/05/2014 06/06/2014 AMAZON.COM $31.72 JAN GREW HAYMAN 06/12/2014 06/13/2014 DAIRY QUEEN #11239 $29.98 JAN GREW HAYMAN 05/29/2014 06/02/2014 THINGS REMEMBERED 0956 $109.26 KAREN GUILFOILE 05/30/2014 06/02/2014 VERIZON WRLS N8044-01 $75.07 KAREN GUILFOILE 06/07/2014 06/09/2014 VZWRLSS*APOCC VISN $97.31 KAREN GUILFOILE 06/02/2014 06/04/2014 THE HOME DEPOT 2801 $43.31 MARK HAAG 06/09/2014 06/10/2014 CONTINENTAL SAFETY EQUI $306.84 MARK HAAG 06/09/2014 06/10/2014 VIKING INDUSTRIAL CENTER $219.37 MARK HAAG 06/11/2014 06/12/2014 HENRIKSEN ACE HARDWARE $27.82 MARK HAAG 05/30/2014 06/02/2014 AMAZON MKTPLACE PMTS $16.95 TIMOTHY HAWKINSON JR. 06/12/2014 06/13/2014 STREICHER'S MO $125.40 TIMOTHY HAWKINSON JR. 05/29/2014 06/02/2014 THE HOME DEPOT 2801 $15.94 TAMARA HAYS 06/05/2014 06/09/2014 GRUBERS POWER EQUIPMENT $72.90 TAMARA HAYS 06/06/2014 06/09/2014 FIST INC.$44.95 STEVEN HIEBERT 06/10/2014 06/11/2014 HEJNY RENTAL INC $67.93 GARY HINNENKAMP 06/10/2014 06/12/2014 THE HOME DEPOT 2801 $29.97 GARY HINNENKAMP 06/01/2014 06/03/2014 OFFICE MAX $43.91 TIMOTHY HOFMEISTER 05/29/2014 06/02/2014 OFFICE MAX $19.29 RON HORWATH 05/30/2014 06/02/2014 DISPLAYS2GOCOM $323.40 RON HORWATH 06/01/2014 06/03/2014 WEDDINGPAGES INC $319.50 RON HORWATH 06/03/2014 06/05/2014 KRAMES STAYWELL $147.35 RON HORWATH 06/04/2014 06/05/2014 TARGET 00011858 $33.59 RON HORWATH 06/04/2014 06/05/2014 MILLS FLEET FARM #2,700 $30.87 RON HORWATH 06/05/2014 06/06/2014 AMERICAN RED CROSS $805.00 RON HORWATH 06/06/2014 06/09/2014 HENRIKSEN ACE HARDWARE $21.32 RON HORWATH 06/10/2014 06/12/2014 OFFICE MAX $63.15 RON HORWATH 06/11/2014 06/13/2014 KRAMES STAYWELL $449.19 RON HORWATH 06/12/2014 06/13/2014 ELIFEGUARD INC.$96.11 RON HORWATH 06/02/2014 06/04/2014 THE HOME DEPOT 2801 $69.00 ANN HUTCHINSON 06/06/2014 06/09/2014 KNOWLAN'S MARKET #2 $7.33 ANN HUTCHINSON G1, Attachment 1 Packet Page Number 21 of 264 06/12/2014 06/13/2014 BLUE RIBBON BAIT & TACKLE $3.16 ANN HUTCHINSON 06/04/2014 06/05/2014 SHERWIN WILLIAMS #3127 $47.28 DAVID JAHN 06/04/2014 06/06/2014 THE HOME DEPOT 2801 $13.25 DAVID JAHN 06/11/2014 06/12/2014 MENARDS 3059 $247.72 DAVID JAHN 06/08/2014 06/10/2014 ADVANCE AUTO PARTS #7152 $10.59 KEVIN JOHNSON 06/05/2014 06/06/2014 FIRST SHRED $45.10 LOIS KNUTSON 06/09/2014 06/10/2014 PANERA BREAD #601305 $53.55 LOIS KNUTSON 06/09/2014 06/11/2014 KOWALSKI'S WHT $24.86 LOIS KNUTSON 06/10/2014 06/10/2014 PANERA BREAD #601305 $8.56 LOIS KNUTSON 05/29/2014 06/02/2014 ADOBE SYSTEMS, INC.$107.12 JASON KREGER 06/03/2014 06/04/2014 SYX*TIGERDIRECT.COM $109.15 JASON KREGER 06/11/2014 06/12/2014 AMAZON MKTPLACE PMTS $31.28 JASON KREGER 05/30/2014 06/02/2014 HENRIKSEN ACE HARDWARE $12.45 DAVID KVAM 06/02/2014 06/03/2014 HE MEDICAL TRANSPORT $41.97 DAVID KVAM 06/04/2014 06/05/2014 AIRGASS NORTH $16.19 STEVE LUKIN 06/05/2014 06/06/2014 AMERICAN FLAGPOLE & FLAG $53.70 STEVE LUKIN 06/06/2014 06/06/2014 AIRGASS NORTH $302.74 STEVE LUKIN 06/06/2014 06/06/2014 AIRGASS NORTH $453.97 STEVE LUKIN 06/10/2014 06/11/2014 ASPEN MILLS INC.$3,596.40 STEVE LUKIN 06/12/2014 06/13/2014 MENARDS 3059 $197.99 STEVE LUKIN 06/01/2014 06/02/2014 WELCOME WAGON $138.00 SASHA MEYER 06/12/2014 06/13/2014 LILLIE SUBURBAN NEWSPAPE $75.00 SASHA MEYER 06/02/2014 06/02/2014 AMAZON MKTPLACE PMTS $49.98 MICHAEL NYE 06/06/2014 06/09/2014 J. MARCEL ENTERPRISE/OLY $40.50 MICHAEL NYE 06/06/2014 06/09/2014 UNIFORMS UNLIMITED INC.$74.25 MICHAEL NYE 06/04/2014 06/06/2014 OFFICE DEPOT #1090 $53.67 MARY KAY PALANK 05/29/2014 06/02/2014 TRI-STATE BOBCAT $220.14 STEVEN PRIEM 05/30/2014 06/02/2014 POMP'S TIRE #021 $601.58 STEVEN PRIEM 05/30/2014 06/02/2014 TURFWERKS EAGAN $675.02 STEVEN PRIEM 05/30/2014 06/02/2014 FACTORY MTR PTS #1 $148.54 STEVEN PRIEM 05/30/2014 06/02/2014 AN FORD WHITE BEAR LAK $132.72 STEVEN PRIEM 06/02/2014 06/03/2014 DELEGARD TOOL COMPANY $158.27 STEVEN PRIEM 06/02/2014 06/03/2014 AUTO PLUS LITTLE CANADA $37.69 STEVEN PRIEM 06/02/2014 06/03/2014 AUTO PLUS LITTLE CANADA $417.68 STEVEN PRIEM 06/02/2014 06/03/2014 INTERSTATE PWR SYS 1S $1,289.79 STEVEN PRIEM 06/02/2014 06/03/2014 AN FORD WHITE BEAR LAK $19.74 STEVEN PRIEM 06/02/2014 06/04/2014 FRONTIER INC $561.21 STEVEN PRIEM 06/03/2014 06/04/2014 AUTO PLUS LITTLE CANADA ($15.25)STEVEN PRIEM 06/03/2014 06/04/2014 AUTO PLUS LITTLE CANADA $172.03 STEVEN PRIEM 06/03/2014 06/04/2014 METRO PRODUCTS INC $36.29 STEVEN PRIEM 06/03/2014 06/05/2014 ZARNOTH BRUSH WORKS INC $856.00 STEVEN PRIEM 06/04/2014 06/05/2014 AUTO PLUS LITTLE CANADA $53.43 STEVEN PRIEM 06/04/2014 06/05/2014 AUTO PLUS LITTLE CANADA $222.35 STEVEN PRIEM 06/04/2014 06/05/2014 AUTO PLUS LITTLE CANADA $37.95 STEVEN PRIEM 06/04/2014 06/05/2014 FORCE AMERICA DISTRIB LLC $158.55 STEVEN PRIEM 06/05/2014 06/06/2014 EMERGENCY AUTOMOTIVE $69.30 STEVEN PRIEM 06/05/2014 06/06/2014 AN FORD WHITE BEAR LAK $44.90 STEVEN PRIEM 06/06/2014 06/09/2014 UNLIMITED SUPPLIES INC $175.96 STEVEN PRIEM 06/09/2014 06/10/2014 ROSEVILLE MIDWAY FORD $109.14 STEVEN PRIEM 06/09/2014 06/10/2014 AUTOMOTIVE TRAINING GROUP $597.00 STEVEN PRIEM 06/09/2014 06/10/2014 AN FORD WHITE BEAR LAK $330.66 STEVEN PRIEM 06/09/2014 06/10/2014 FORCE AMERICA DISTRIB LLC $25.37 STEVEN PRIEM 06/09/2014 06/11/2014 ZIEGLER INC COLUMBUS $79.74 STEVEN PRIEM 06/10/2014 06/11/2014 AUTO PLUS LITTLE CANADA $87.58 STEVEN PRIEM 06/10/2014 06/11/2014 AN FORD WHITE BEAR LAK $52.73 STEVEN PRIEM 06/10/2014 06/11/2014 TRUCK UTILITIES INC ST PA $92.56 STEVEN PRIEM 06/11/2014 06/12/2014 AUTO PLUS LITTLE CANADA ($15.00)STEVEN PRIEM G1, Attachment 1 Packet Page Number 22 of 264 06/11/2014 06/12/2014 AUTO PLUS LITTLE CANADA $64.55 STEVEN PRIEM 06/11/2014 06/12/2014 AUTO PLUS LITTLE CANADA $144.95 STEVEN PRIEM 06/12/2014 06/13/2014 AUTO PLUS LITTLE CANADA $197.62 STEVEN PRIEM 06/12/2014 06/13/2014 BEARING DIST*$39.83 STEVEN PRIEM 06/12/2014 06/13/2014 MACQUEEN EQUIPMENT INC $22.35 STEVEN PRIEM 06/10/2014 06/11/2014 PIONEER PRESS ADVERTISING $1,127.50 TERRIE RAMEAUX 06/11/2014 06/12/2014 DALCO ENTERPRISES, INC $372.46 MICHAEL REILLY 06/02/2014 06/04/2014 SCW FITNESS EDUCATION $270.00 LORI RESENDIZ 06/03/2014 06/04/2014 PUMP IT UP OAKDALE $100.00 AUDRA ROBBINS 06/06/2014 06/09/2014 OFFICE DEPOT #1090 ($47.19)AUDRA ROBBINS 06/09/2014 06/10/2014 CUB FOODS #1599 $99.19 AUDRA ROBBINS 06/09/2014 06/11/2014 CVS PHARMACY #1751 Q03 $22.32 AUDRA ROBBINS 06/11/2014 06/12/2014 PUMP IT UP OAKDALE $137.50 AUDRA ROBBINS 06/11/2014 06/12/2014 WALGREENS #7388 $27.60 AUDRA ROBBINS 06/11/2014 06/13/2014 LITTLE CAESARS 1456 0006 $69.63 AUDRA ROBBINS 05/30/2014 06/02/2014 CUB FOODS #1599 $11.43 DEB SCHMIDT 06/10/2014 06/11/2014 MINNESOTA STATE BAR ASSOC $20.00 DEB SCHMIDT 06/12/2014 06/13/2014 LILLIE SUBURBAN NEWSPAPE $146.63 DEB SCHMIDT 06/06/2014 06/09/2014 IN *ENCOMPASS TELEMATICS,$442.00 PAUL SCHNELL 05/30/2014 06/02/2014 ON SITE SANITATION INC $1,410.00 SCOTT SCHULTZ 05/30/2014 06/02/2014 INT*REHBEINS BLACK DIRT $220.00 SCOTT SCHULTZ 06/06/2014 06/09/2014 G&K SERVICES AR $1,934.27 SCOTT SCHULTZ 06/07/2014 06/09/2014 CINTAS 60A SAP $70.75 SCOTT SCHULTZ 06/07/2014 06/09/2014 CINTAS 60A SAP $43.45 SCOTT SCHULTZ 06/12/2014 06/13/2014 AMAZON MKTPLACE PMTS $70.58 CAITLIN SHERRILL 06/13/2014 06/13/2014 AMAZON.COM $33.10 CAITLIN SHERRILL 06/02/2014 06/02/2014 COMCAST CABLE COMM $70.60 MICHAEL SHORTREED 06/02/2014 06/03/2014 THOMSON WEST*TCD $321.41 MICHAEL SHORTREED 06/02/2014 06/03/2014 TARGET 00011858 $69.59 JAMES TAYLOR 06/02/2014 06/03/2014 DICK'S CLOTHING&SPORTING $132.73 JAMES TAYLOR 06/04/2014 06/05/2014 TARGET 00011858 $53.54 JAMES TAYLOR 06/11/2014 06/12/2014 OAKDALE RENTAL CENTER $184.00 JEFF WILBER 06/11/2014 06/13/2014 OFFICE DEPOT #1090 $91.30 TAMMY YOUNG 06/03/2014 06/05/2014 SEARS ROEBUCK 1122 $96.37 SUSAN ZWIEG 06/06/2014 06/09/2014 CDW GOVERNMENT $197.99 SUSAN ZWIEG 06/10/2014 06/12/2014 OFFICE DEPOT #1090 $147.82 SUSAN ZWIEG $45,189.28 G1, Attachment 1 Packet Page Number 23 of 264 CHECK #CHECK DATE EMPLOYEE NAME 06/20/14 CARDINAL, ROBERT 448.23 06/20/14 JUENEMANN, KATHLEEN 448.23 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 06/20/14 ABRAMS, MARYLEE 448.23 06/20/14 AHL, R. CHARLES 5,459.42 06/20/14 COLEMAN, MELINDA 5,295.68 06/20/14 KOPPEN, MARVIN 448.23 06/20/14 SLAWIK, NORA 509.26 06/20/14 CHRISTENSON, SCOTT 2,020.19 06/20/14 FARR, LARRY 1,729.56 06/20/14 KNUTSON, LOIS 2,397.06 06/20/14 KANTRUD, HUGH 184.62 06/20/14 RAMEAUX, THERESE 3,192.51 06/20/14 BAUMAN, GAYLE 4,852.91 06/20/14 JAHN, DAVID 1,990.13 06/20/14 BURLINGAME, SARAH 244.66 06/20/14 JACKSON, MARY 2,219.29 06/20/14 KELSEY, CONNIE 2,705.98 06/20/14 ANDERSON, CAROLE 1,311.00 06/20/14 DEBILZAN, JUDY 1,441.04 06/20/14 BEGGS, REGAN 1,640.21 06/20/14 GUILFOILE, KAREN 4,542.41 06/20/14 RUEB, JOSEPH 2,999.40 06/20/14 ARNOLD, AJLA 907.23 06/20/14 LARSON, MICHELLE 1,833.51 06/20/14 MECHELKE, SHERRIE 997.63 06/20/14 SCHMIDT, DEBORAH 3,158.62 06/20/14 SPANGLER, EDNA 1,190.51 06/20/14 RICHTER, CHARLENE 1,082.03 06/20/14 SCHOENECKER, LEIGH 1,803.39 06/20/14 MOY, PAMELA 1,587.35 06/20/14 OSTER, ANDREA 1,991.12 06/20/14 CORCORAN, THERESA 1,984.19 06/20/14 KVAM, DAVID 4,390.72 06/20/14 VITT, SANDRA 1,032.11 06/20/14 WEAVER, KRISTINE 2,459.40 06/20/14 SHORTREED, MICHAEL 4,266.70 06/20/14 SVENDSEN, JOANNE 2,194.22 06/20/14 PALANK, MARY 1,988.80 06/20/14 SCHNELL, PAUL 4,840.36 06/20/14 ALDRIDGE, MARK 3,295.34 06/20/14 BAKKE, LONN 3,411.43 06/20/14 THOMFORDE, FAITH 1,720.19 06/20/14 ABEL, CLINT 3,109.04 G1, Attachment 1 Packet Page Number 24 of 264 06/20/14 BENJAMIN, MARKESE 3,025.25 06/20/14 BIERDEMAN, BRIAN 3,747.25 06/20/14 BARTZ, PAUL 1,698.26 06/20/14 BELDE, STANLEY 3,122.54 06/20/14 CROTTY, KERRY 3,757.61 06/20/14 DEMULLING, JOSEPH 3,432.05 06/20/14 BUSACK, DANIEL 3,672.81 06/20/14 CARNES, JOHN 2,562.02 06/20/14 ERICKSON, VIRGINIA 3,318.01 06/20/14 FORSYTHE, MARCUS 2,841.05 06/20/14 DOBLAR, RICHARD 4,177.09 06/20/14 DUGAS, MICHAEL 4,165.90 06/20/14 HAWKINSON JR, TIMOTHY 3,079.49 06/20/14 HER, PHENG 3,052.37 06/20/14 FRITZE, DEREK 3,111.30 06/20/14 GABRIEL, ANTHONY 3,628.44 06/20/14 HOFMEISTER, TIMOTHY 496.00 06/20/14 JASKOWIAK, AMANDA 480.00 06/20/14 HIEBERT, STEVEN 3,223.53 06/20/14 HOEMKE, MICHAEL 2,013.25 06/20/14 KONG, TOMMY 3,094.72 06/20/14 KREKELER, NICHOLAS 974.58 06/20/14 JOHNSON, KEVIN 4,084.79 06/20/14 KALKA, THOMAS 2,939.53 06/20/14 LANGNER, TODD 3,172.48 06/20/14 LU, JOHNNIE 3,066.44 06/20/14 KROLL, BRETT 3,109.04 06/20/14 LANGNER, SCOTT 3,228.28 06/20/14 MARTIN, JERROLD 3,385.61 06/20/14 MCCARTY, GLEN 3,645.74 06/20/14 LYNCH, KATHERINE 3,054.70 06/20/14 MARINO, JASON 3,193.87 06/20/14 MULVIHILL, MARIA 2,003.97 06/20/14 NYE, MICHAEL 3,604.14 06/20/14 METRY, ALESIA 3,472.59 06/20/14 MICHELETTI, BRIAN 2,022.29 06/20/14 PARKER, JAMES 2,841.05 06/20/14 REZNY, BRADLEY 3,359.44 06/20/14 OLDING, PARKER 2,058.92 06/20/14 OLSON, JULIE 3,080.77 06/20/14 SLATER, BENJAMIN 2,278.94 06/20/14 STEINER, JOSEPH 3,115.85 06/20/14 RHUDE, MATTHEW 3,102.19 06/20/14 SCHOEN, ZACHARY 2,003.97 06/20/14 THEISEN, PAUL 3,172.48 06/20/14 THIENES, PAUL 3,914.69 06/20/14 SYPNIEWSKI, WILLIAM 3,005.06 06/20/14 TAUZELL, BRIAN 2,943.89 06/20/14 ANDERSON, BRIAN 151.32 06/20/14 BAHL, DAVID 371.43 06/20/14 WENZEL, JAY 3,165.59 06/20/14 XIONG, KAO 3,066.44 06/20/14 BASSETT, BRENT 151.32 06/20/14 BAUMAN, ANDREW 2,769.01 G1, Attachment 1 Packet Page Number 25 of 264 06/20/14 BEITLER, NATHAN 428.76 06/20/14 BOURQUIN, RON 1,109.52 06/20/14 COREY, ROBERT 271.13 06/20/14 CRAWFORD - JR, RAYMOND 2,338.71 06/20/14 CAPISTRANT, JOHN 926.75 06/20/14 CONCHA, DANIEL 507.56 06/20/14 DAWSON, RICHARD 3,735.16 06/20/14 EVERSON, PAUL 3,420.45 06/20/14 CRUMMY, CHARLES 381.46 06/20/14 DABRUZZI, THOMAS 2,510.99 06/20/14 HALE, JOSEPH 239.04 06/20/14 HALWEG, JODI 2,917.63 06/20/14 FASULO, WALTER 307.35 06/20/14 HAGEN, MICHAEL 605.30 06/20/14 IMM, TRACY 28.37 06/20/14 JANSEN, CHAD 504.42 06/20/14 HAWTHORNE, ROCHELLE 2,562.27 06/20/14 HUTCHINSON, JAMES 636.22 06/20/14 KERSKA, JOSEPH 781.82 06/20/14 KONDER, RONALD 485.49 06/20/14 KANE, ROBERT 1,029.71 06/20/14 KARRAS, JAMIE 504.40 06/20/14 LOCHEN, MICHAEL 516.92 06/20/14 MILLER, LADD 606.80 06/20/14 KUBAT, ERIC 2,874.72 06/20/14 LINDER, TIMOTHY 2,926.98 06/20/14 MONDOR, MICHAEL 3,731.87 06/20/14 MONSON, PETER 510.72 06/20/14 MILLER, NICHOLAS 718.81 06/20/14 MILLER, RACHEL 28.37 06/20/14 NOVAK, JEROME 2,843.32 06/20/14 NOWICKI, PAUL 816.53 06/20/14 MORGAN, JEFFERY 409.81 06/20/14 NIELSEN, KENNETH 378.78 06/20/14 OPHEIM, JOHN 478.08 06/20/14 PACHECO, ALPHONSE 453.96 06/20/14 OLSON, JAMES 3,029.11 06/20/14 O'NEILL, KEVIN 453.96 06/20/14 PETERSON, ROBERT 3,081.67 06/20/14 POWERS, KENNETH 494.96 06/20/14 PARROW, JOSHUA 151.32 06/20/14 PETERSON, MARK 650.95 06/20/14 RICE, CHRISTOPHER 1,059.14 06/20/14 RODRIGUEZ, ROBERTO 340.47 06/20/14 RAINEY, JAMES 1,103.44 06/20/14 RANK, PAUL 907.94 06/20/14 SVENDSEN, RONALD 4,069.66 06/20/14 TRACY, DANIEL 302.64 06/20/14 SEDLACEK, JEFFREY 2,843.32 06/20/14 STREFF, MICHAEL 3,003.48 06/20/14 ZWIEG, SUSAN 1,780.44 06/20/14 CORTESI, LUANNE 1,835.32 06/20/14 GERVAIS-JR, CLARENCE 4,157.26 06/20/14 LUKIN, STEVEN 4,815.66 G1, Attachment 1 Packet Page Number 26 of 264 06/20/14 BUCKLEY, BRENT 2,248.99 06/20/14 DEBILZAN, THOMAS 2,250.99 06/20/14 SINDT, ANDREA 2,480.20 06/20/14 BRINK, TROY 2,459.39 06/20/14 MEISSNER, BRENT 2,206.59 06/20/14 NAGEL, BRYAN 3,702.80 06/20/14 EDGE, DOUGLAS 2,210.60 06/20/14 JONES, DONALD 2,251.29 06/20/14 RUNNING, ROBERT 2,459.39 06/20/14 TEVLIN, TODD 2,240.99 06/20/14 OSWALD, ERICK 2,468.79 06/20/14 RUIZ, RICARDO 1,795.79 06/20/14 DUCHARME, JOHN 2,859.20 06/20/14 ENGSTROM, ANDREW 3,828.40 06/20/14 BUI, EVAN 1,095.50 06/20/14 BURLINGAME, NATHAN 2,299.20 06/20/14 LOVE, STEVEN 3,852.46 06/20/14 THOMPSON, MICHAEL 4,752.17 06/20/14 JAROSCH, JONATHAN 3,173.08 06/20/14 LINDBLOM, RANDAL 2,861.51 06/20/14 KONEWKO, DUWAYNE 4,603.18 06/20/14 DELISLE JR, JACQUES 840.00 06/20/14 ZIEMAN, SCOTT 1,216.00 06/20/14 JANASZAK, MEGHAN 1,720.20 06/20/14 HINNENKAMP, GARY 2,599.24 06/20/14 NAUGHTON, JOHN 2,258.27 06/20/14 HAMRE, MILES 1,730.40 06/20/14 HAYS, TAMARA 1,765.79 06/20/14 RANWEILER, GABRIEL 880.00 06/20/14 SALCHOW, CONNOR 741.60 06/20/14 NORDQUIST, RICHARD 788.52 06/20/14 PURVES, JUSTIN 1,697.24 06/20/14 GERNES, CAROLE 671.50 06/20/14 HAYMAN, JANET 1,218.77 06/20/14 BIESANZ, OAKLEY 1,985.77 06/20/14 DEAVER, CHARLES 786.66 06/20/14 WACHAL, KAREN 642.59 06/20/14 GAYNOR, VIRGINIA 3,383.30 06/20/14 HUTCHINSON, ANN 2,762.97 06/20/14 SOUTTER, CHRISTINE 701.25 06/20/14 EKSTRAND, THOMAS 3,984.62 06/20/14 FINWALL, SHANN 3,744.47 06/20/14 KROLL, LISA 1,992.19 06/20/14 YOUNG, TAMELA 2,144.99 06/20/14 CARVER, NICHOLAS 3,628.62 06/20/14 SWAN, DAVID 2,884.99 06/20/14 MARTIN, MICHAEL 2,939.39 06/20/14 BRASH, JASON 2,696.99 06/20/14 WELLENS, MOLLY 1,783.04 06/20/14 BRENEMAN, NEIL 2,483.78 06/20/14 SWANSON, CHRIS 1,827.40 06/20/14 WEIDNER, JAMES 1,440.00 06/20/14 COLE, BENJAMIN 340.00 06/20/14 GORACKI, GERALD 73.63 G1, Attachment 1 Packet Page Number 27 of 264 06/20/14 KONG, KATELYNE 180.00 06/20/14 LARSON, KATELYN 413.76 06/20/14 ROBBINS, CAMDEN 475.00 06/20/14 RUSS, KAYLA 119.50 06/20/14 LARSON, TRISTA 242.07 06/20/14 ROBBINS, AUDRA 3,473.33 06/20/14 TAYLOR, JAMES 3,149.54 06/20/14 VUKICH, CANDACE 445.50 06/20/14 RYCHLICKI, NICHOLE 360.00 06/20/14 SLAWIK, VICTORIA 125.38 06/20/14 ORE, JORDAN 1,765.79 06/20/14 SCHULTZ, SCOTT 3,487.37 06/20/14 ADAMS, DAVID 2,100.00 06/20/14 HAAG, MARK 2,732.61 06/20/14 EVANS, CHRISTINE 1,525.56 06/20/14 GLASS, JEAN 2,216.16 06/20/14 WILBER, JEFFREY 1,943.54 06/20/14 AKEY, SHELLEY 81.00 06/20/14 KELLEY, CAITLIN 921.45 06/20/14 KULHANEK-DIONNE, ANN 506.00 06/20/14 HAUBLE, AMANDA 148.75 06/20/14 HOFMEISTER, MARY 1,176.92 06/20/14 SKRYPEK, JOSHUA 264.00 06/20/14 SMITH, CORTNEY 147.88 06/20/14 MEYER, SASHA 1,799.98 06/20/14 PELOQUIN, PENNYE 680.29 06/20/14 VUE, LOR PAO 155.13 06/20/14 AICHELE, MEGAN 212.01 06/20/14 ST SAUVER, CRAIG 342.01 06/20/14 STAHLMANN, ELLEN 174.25 06/20/14 BAETZOLD, SETH 278.77 06/20/14 BAUDE, JANE 32.85 06/20/14 ANDERSON, JOSHUA 684.87 06/20/14 BAETZOLD, CLAIRE 62.48 06/20/14 BERGLUND, ERIK 50.75 06/20/14 BESTER, MICHAEL 149.50 06/20/14 BAUDE, SARAH 69.38 06/20/14 BEAR, AMANDA 115.50 06/20/14 CRANDALL, ALYSSA 25.19 06/20/14 CRANDALL, KRISTA 448.94 06/20/14 BUCKLEY, BRITTANY 621.25 06/20/14 BUTLER, ANGELA 54.00 06/20/14 EKSTRAND, DANIEL 36.75 06/20/14 EPLAND, PETER 56.00 06/20/14 DEMPSEY, BETH 239.87 06/20/14 DUNN, RYAN 484.75 06/20/14 FARRELL, DANIEL 47.13 06/20/14 FONTAINE, KIM 723.43 06/20/14 ERICKSON-CLARK, CAROL 37.12 06/20/14 ERICSON, RACHEL 60.45 06/20/14 GRUENHAGEN, LINDA 279.40 06/20/14 HAGSTROM, EMILY 65.80 06/20/14 GADOW, VERONIKA 170.88 06/20/14 GRAY, MEGAN 110.00 G1, Attachment 1 Packet Page Number 28 of 264 06/20/14 HOLMBERG, LADONNA 253.14 06/20/14 HORWATH, RONALD 3,000.03 06/20/14 HANSEN, HANNAH 443.51 06/20/14 HEINRICH, SHEILA 385.26 06/20/14 KEEFE, ANDEE 58.52 06/20/14 KOHLER, ROCHELLE 32.38 06/20/14 HUNTLEY, NATALIE 101.25 06/20/14 JOHNSON, BARBARA 439.25 06/20/14 LAMEYER, ZACHARY 181.66 06/20/14 LAMSON, ELIANA 27.00 06/20/14 KOZDROJ, GABRIELLA 75.00 06/20/14 LAMEYER, BRENT 141.39 06/20/14 MUSKAT, JULIE 105.00 06/20/14 NADEAU, TAYLOR 40.16 06/20/14 MCCOMAS, LEAH 356.25 06/20/14 MCCORMACK, MELISSA 134.14 06/20/14 OHS, CYNTHIA 138.00 06/20/14 PROESCH, ANDY 119.00 06/20/14 NITZ, CARA 328.00 06/20/14 NORTHOUSE, KATHERINE 475.20 06/20/14 REHLING-ANDERSON, LORIE 218.00 06/20/14 RENSTROM, KEVIN 170.50 06/20/14 RANEY, COURTNEY 792.00 06/20/14 RAU, COLE 65.26 06/20/14 ROLLERSON, TERRANCE 75.00 06/20/14 SCHERER, KATHLENE 50.00 06/20/14 RESENDIZ, LORI 2,474.70 06/20/14 RICHTER, DANIEL 56.70 06/20/14 SCHREIER, ZACHARY 107.63 06/20/14 SKUNES, KELLY 405.25 06/20/14 SCHREIER, ABIGAIL 292.68 06/20/14 SCHREIER, ROSEMARIE 270.75 06/20/14 SMITLEY, SHARON 356.15 06/20/14 SYME, ABBEY 270.14 06/20/14 SMITH, ANN 159.26 06/20/14 SMITH, JEROME 213.00 06/20/14 TRUONG, CHAU 102.00 06/20/14 TUPY, HEIDE 45.80 06/20/14 SYME, LAUREN 25.73 06/20/14 TREPANIER, TODD 241.50 06/20/14 WARNER, CAROLYN 79.20 06/20/14 WEINHAGEN, SHELBY 334.00 06/20/14 TUPY, MARCUS 95.00 06/20/14 WALES, ABIGAIL 294.66 06/20/14 LANGER, CHELSEA 181.88 06/20/14 LANGER, KAYLYN 29.75 06/20/14 YUNKER, JOSEPH 46.00 06/20/14 BOSLEY, CAROL 94.50 06/20/14 BORCHERT, JONATHAN 59.50 06/20/14 BOWMAN, CHRIS 56.00 06/20/14 RANGEL, SAMANTHA 110.00 06/20/14 WISTL, MOLLY 289.50 06/20/14 CRAWFORD, SHAWN 480.00 06/20/14 CUSICK, JESSICA 191.25 G1, Attachment 1 Packet Page Number 29 of 264 9990050 9990051 9990052 9990053 06/20/14 MILLER, MELISSA 192.50 524,064.24 06/20/14 CHRISTOPHER, KYLE 159.38 06/20/14 HANNIGAN, RACHEL 98.00 06/20/14 EKSTRAND, RYAN 31.00 06/20/14 FOWLDS, MYCHAL 3,989.58 06/20/14 FRANZEN, NICHOLAS 2,988.47 06/20/14 KREGER, JASON 2,353.80 06/20/14 WOEHRLE, MATTHEW 2,520.69 06/20/14 XIONG, BOON 1,553.63 06/20/14 BERGO, CHAD 2,824.09 06/20/14 COUNTRYMAN, BRENDA 1,320.00 06/20/14 JACOBSON, AMANDA 640.00 06/20/14 PRIEM, STEVEN 2,520.89 06/20/14 REILLY, MICHAEL 2,022.49 06/20/14 STEFFEN, MICHAEL 102.00 06/20/14 THOMPSON, BENJAMIN 110.50 06/20/14 MALONEY, SHAUNA 204.00 06/20/14 NESVACIL, BRENNAN 120.00 06/20/14 PRINS, KELLY 1,835.40 06/20/14 MAIDMENT, COLIN 617.25 06/20/14 DOUGLASS, TOM 1,989.77 06/20/14 INDA, ANTHONY 152.00 06/20/14 LOONEY, RAYJEANIA 124.00 06/20/14 KRECH, ELAINE 605.23 06/20/14 LEYVA LUNDBERG, DANTE 107.20 G1, Attachment 1 Packet Page Number 30 of 264 G2 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Gayle Bauman, Finance Director DATE: July 2, 2014 SUBJECT: Approval of Transfers to Close Capital Funds Introduction Financial transfers and budget adjustments are needed to close one capital project fund and four funds for public improvement projects that have been completed. Background Project 11-22, City Dump Site Improvements, has been completed. There is a surplus balance in the project fund due to project expenditures being under budget. Surplus funds of $7,543.88 need to be transferred back to the Environmental Utility Fund (fund 604) which financed the project. Project 03-15, Century Ave (I-94 to Lower Afton), has been completed. There is a surplus balance in the project fund (due to project revenues being over budget). It is proposed to move State Aid revenue previously recognized for this project to project 09-04, Stillwater Road Improvements, which currently has a deficit, and to debt service fund 365 (2012A) which helped finance the project. Surplus funds of $251,417.63 need to be transferred as follows: • $59,547.58 to project 09-04 (fund 507) which was also financed with State Aid and currently has a deficit balance. • $191,870.05 to debt service fund 365 (2012A) for project 04-21, which was financed with the same bond issue, to offset future debt service levies. Project 08-13, White Bear Ave (Radatz to County Rd D), has been completed. There is a surplus balance in the project fund (due to project revenues being over budget). It is proposed to move State Aid revenue previously recognized for this project to project 09-04, Stillwater Road Improvements, which currently has a deficit. Surplus funds of $194,975.71 need to be transferred to project 09-04 (fund 507) which was also financed with State Aid and currently has a deficit balance. Project 09-04, Stillwater Road Improvements, has been completed. There is a deficit balance in the project fund (due to project revenues being under budget). It is proposed to move State Aid revenue previously recognized in projects 03-15 and 08-13, as noted above, to this project to close the fund. Project 11-14, Bartelmy-Meyer Area Streets, has been completed. There is a surplus balance in the project fund (due to expenditures being under budget). Surplus funds of $185,615.06 need to be transferred to debt service fund 365 (2012A) for project 11-15, which was financed with the same bond issue, to offset future debt service levies. Packet Page Number 31 of 264 G2 Budget Impact There is no financial impact to the city as the proposal is to transfer money between funds. Recommendation It is recommended that the Council authorize the following: (1) A transfer of $7,543.88 from fund 446 (11-22) to fund 604 (EUF), (2) A transfer of $191,870.05 from fund 547 (03-15) to fund 365 (Series 2012A), (3) A transfer of $59,547.58 from fund 547 (03-15) to fund 507 (09-04), (4) A transfer of $194,975.71 from fund 504 (08-13) to fund 507 (09-04), (5) A transfer of $185,615.06 from fund 527 (11-14) to fund 365 (Series 2012A), (6) The appropriate budget changes. Packet Page Number 32 of 264 G3 Page 1 of 2 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Karen Guilfoile, City Clerk DATE: July 7, 2014 SUBJECT: Approval of Resolution Certifying Election Judges for the August 12, 2014 Primary State Election RESOLUTION ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2014 Primary Election to be held on Tuesday, August 12, 2014. Achmeier, Kevin Aikens, Meridith Allen, Jim Anderson, Beverly Anderson, Nancy Anderson, Suzanne Anderson, Carole Anderson, Sam Ansari, Ahsan Arnold, Ajla Babin, Paul Bartelt, Joan Bedor, David Beggs, Regan Behr, Jeanette Belland, Jaime Bierbaum, Al Bierwerth, Sharon Bjorklund, Diane Bolden, Donita Booher, Michele Bortz, Albert Bortz, Jeanne Brandon, Richard Brandon, Ginny Bricher, Denise Brunotte, Jessica Bunkowske, Bernice Bunkowske, Eugene Campbell, Lyla Carle, Jeanette Carson, Helen Carson, Justin Carson, Fannie Casserly, Debra Cermak, Kiley Cleland, Ann Clothier, Barb Combe, Edward Connelly, Thomas Connolly, Colleen Conover, Florence Coyle, Jim Coyle, Rose Crist, Ann Dahl, Bonnie DeBernardi, Nancy Delveaux, jay Delveaux, Jay Desai, Kalpana DeZelar, Phil Dickerson, Charlene Dickerson, Glenndell Dickson, Helen Jean Diebel, Steve Dittli, Albin Dittli, Albin Domeier, Kathy Dougherty, Tom Dougherty, Tom Droeger, Diane Duellman, Audrey Dunham, Bob Duscher, Marilyn Eickhoff, Carolyn Ek, John Ek, Susan Elliott, Michael Evans, Carol Ewald, Jeanne Fitzgerald, Delores Fowler, Cynthia Franzen, Nick Freer, Mary Jo Fuller, Mary Katherine Gaboury, Shirley Gardner, Gary Garvey, Terrence Gebauer, Victor Gerlach, Barbara Gerten, John Glaeser, Mary Golaski, Diane Gravink, Barb Gudknecht, Jamie Gustafson, Dianne Guthrie, Rosie Haddad, Joyce Hafner, Michael Hahn, Sandra Hahn , Vonna Hale, Linda Hanson, Joan Harder, Mary Hart, Barbara Hart, Robert Herber, Darlene Hervig, Cindy Hervig, Cindy Hervig, Cindy Hinnenkamp, Gary Hulet, Robert Hulet, Jeanette Huth, Patricia Huth, Raymond Ingersoll, Carol Inhofer, Mary Claire Jagoe, Carol Jahn, David Jefferson, Gwendolyn Jensen, Robert Johannessen, Judith Johansen, Kathleen Johnson, Warren Johnson, Cheryle Jones, Shirley Jurmu, Joyce Packet Page Number 33 of 264 G3 Page 2 of 2 Kane, Myrna Kapfer, Deb Kaul, Shirley Kearn, Barbara Kipka, Judy Knauss, Carol Knutson, Lois Kramer, Dennis Krebsbach, John Kreger, Jason Kroll, Judith Kwapick, Jackie Labarre, Thomas Labossiere, Donna LaCasse, Annette Lackner, Marvella Laibson-Brown, Cameo Lampe, Charlotte Lauren, Lorraine Layer, Stephanie Layer, Tom Leach, Joanne Leonard, Claudette Letourneau, Sandra Limon, Rosella Lincowski, Steve Liptak, Marianne Loipersbeck, Darlene Loipersbeck, Jules Lonetti, Claudia Lowery, Jr., Paul Mahowald, Valerie Mahre, Jeri Malecki, Edward Manke, Clarence Manthey, John Maskrey, Thomas McCain, Shance McCann, John McCarthy, Peggy McCarthy, Larry McCarthy, Ryan McCauley, Judy McDonough, Carol McDonough, Joan McNea, Rosemary Meyer, Kayleen Mielke, Karen Millette, James Mireau, Michael Moreno, Marlene Motz, Betty Mudek, Dolores Muenchow, Mike Nelson, Percy Nelson, Clare Newcomb, Mary Nichol, Jane Nichols, Miranda Nissen, Helen Norberg, Ann O'Brien, D. William (Bill) Olson, Anita Pai, Shantal Parent, Dian Pedersen, Bernard Peper, Marilyn Perzichilli, Devrie Petrie, Linda Plaster, Rae Plath, Orlin Plumbo, Joseph Posch, Roger Putz, Steve Putz, Shelly Reeve, Claudia Renslow, Rita Roadfeldt, Rita Rodriguez, Vincent Rossbach, Teresa Rubbert, Shirley Rudeen, Elaine Rygg, Crystal Sagert, Chris Sandberg, Janet Sands, Warren Saniti, Laurie Sauer, Kathleen Sawyer, Sharon Scharnott, Thomas Scharnott, Thomas Schiff, Marge Schluender, Cynthia Schmidt, William Schneider, Mary Ann Schramel, Betty Schramel, Jim Seelen, Sarah Seidel, Gloria Seitz, James Seyfer, Deborah Shankar, Ananth Sheppard, Maryjean Shores, Teresa Skaar, Steven Skaar, Delaney Skaar, Susan Sorenson, Kathy Spangler, Bob Stafki, Tim Steenberg, Judith Steenberg, Richard Storm, Mary Tarnowski, Joseph Taylor, Lori Thomalla, Carol Thomas, Jeff Thomas, Jeff Thompson, Jerrilyn Tietel, Lynn Tourville, Michael Tourville, Michael Trippler, Dale Tschida, Micki Urbanski, Carolyn Urbanski, Holly Urbanski, W illiam Vanek, Mary Vereide, Jim Wagner, Joanne Wasmundt, Gayle Webb, Paulette Weinberg, Vicki Wessel, Warren White, Greg Wiesner, Robert Witschen, Delores Wolfe-Haider, Mary Jo Wolfgram, Dorothy Wolfgram, Dorothy Yorkovich, Cindy Zian, Helen Zipko, Leroy Recommendation Approval of the list of election judges is requested. Approval of this Resolution does not qualify individuals to serve as election judges. Appointments will be made from this list to fill the needed positions but not everyone on this list may be appointed. Additionally, individuals that have not completed the required election judge training and completed the paperwork required by the city will not be permitted to work unless they have met these requirements. Packet Page Number 34 of 264 G4 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: July 7, 2014 SUBJECT: Approval of a Fee Waiver for a Temporary Food Sales Permit for Boy Scouts of America Troop #461 Introduction On Thursday, June 19, 2014, Thomas Zimitsch submitted an application for a Temporary Food Sales permit on behalf of the Boy Scouts of America Troop #461. This permit will be used at the Cops & Rodders car show held at the Aldrich Arena on July 26, 2014. Upon application, Mr. Zimitsch requested that the Food Sales permit fee of $55.00 be waived. Budget Impact None Recommendation Staff recommends the approval to waive the $55.00 fee associated with the Temporary Food Sales permit for the Boy Scouts of America Troop #461’s participation in the Cops & Rodders car show on July 26, 2014. Packet Page Number 35 of 264 G5 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: July 16, 2014 SUBJECT: Approval of a Temporary Lawful Gambling Permit and Waiver of Permit Fee for the St. Paul East Parks Lions Club, 2100 White Bear Avenue Introduction An application for a Temporary Lawful Gambling permit has been submitted by Thomas O’Ryan, on behalf of the St. Paul East Parks Lions for a Bingo Event to be held at the Maplewood Community Center, 2100 White Bear Avenue on Thursday, July 24, 2014 from 6:00 p.m. to 8:30 p.m. The funds raised will be used to support the Maplewood Community Center. The applicant has also requested the fee of $58.00 for the Temporary Lawful Gambling Permit be waived. In order for the State of Minnesota to authorize the association’s off-site gambling for this event, approval of the attached Resolution from the City is required. Recommendation It is recommended that the City Council approve the Resolution for a Temporary Lawful Gambling Permit and waive the fee of $58.00 for the St. Pau East Parks Lions. Attachments 1. Resolution Packet Page Number 36 of 264 G5, Attachment 1 RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary lawful gambling permit is approved for the St. Paul East Parks Lions to be used at the Maplewood Community Center, 2100 White Bear Avenue, Maplewood, MN on July 24, 2014. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Packet Page Number 37 of 264 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: DuWayne Konewko, Parks and Recreation Director James Taylor, Parks Manager DATE: July 9, 2014 SUBJECT: Approval to Accept Donation from Macy's “I Heart a Park” Program Introduction A donation of two-hundred and fifty dollars ($250.00) was donated to Maplewood Park’s as part of Macy’s I Heart Your Park campaign. Macy’s asked customers to add a dollar to support their local parks. Minnesota State Statute 465.03 states that gifts to municipalities shall be accepted by the governing body in the form of a resolution by a two-thirds vote. Budget Impact None Recommendation Approve the Resolution accepting the donation of two-hundred and fifty dollars ($250.00) from Macy’s I Heart Your Park Campaign. Attachments 1. Resolution Accepting Donation G6 Packet Page Number 38 of 264 RESOLUTION ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of $250.00 from Macy’s I Heart Your Park Campaign. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood Parks and Recreation Department to accept this donation. G6, Attachment 1 Packet Page Number 39 of 264 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: DuWayne Konewko, Parks and Recreation Director Ginny Gaynor, Natural Resources Coordinator DATE: July 14, 2014 SUBJECT: Approval of Resolution for Final Payment and Acceptance of Project, Joy Park Phase II Introduction The contractor, Hardrives, Inc., has completed Joy Park Phase II Improvements, which is funded out of the Park Development Fund. The council will consider approving the attached resolution approving final payment to the contractor and acceptance of project. Background On August 8, 2011, the council awarded Hardrives, Inc. a construction contract of park improvements at Joy Park in the amount of $250,401.88. There were no change orders on this project. The final construction cost is $243,535.22, which is $6,866.66 below the approved contract amount. Budget Impact The current approved budget for the project is $325,000. The current expenses incurred to date fall within the allocated budget. Recommendation Staff recommends that the city council approve the attached resolution Approving Final Payment and Acceptance of Project for Joy Park Phase II Improvements. Attachments 1. Resolution Approving Final Payment and Acceptance of Project 2. Final Payment Application G7 Packet Page Number 40 of 264 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT JOY PARK PHASE II IMPROVEMENTS WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Joy Park Phase II Improvements, and has let a construction contract pursuant to Minnesota Statues, Chapter 471; and WHEREAS, the Director of Parks and Recreation for the City of Maplewood has determined that Joy Park Phase II Improvements, is complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. Joy Park Phase II Improvements is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $243,535.22. Final payment to Hardrives, Inc., and the release of any retainage or escrow is hereby authorized. Approved this 14th day of July 2014. G7, Attachment 1 Packet Page Number 41 of 264 G7, Attachment 2 Packet Page Number 42 of 264 G7, Attachment 2 Packet Page Number 43 of 264 G7, Attachment 2 Packet Page Number 44 of 264 G7, Attachment 2 Packet Page Number 45 of 264 G7, Attachment 2 Packet Page Number 46 of 264 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Andy Welti, Intern Michael Martin, AICP, Planner DATE: July 7, 2014 SUBJECT: Approval of Lot Repurchase Request for 1713 Laurie Road East. Introduction Kristine Kujala, of the Tax-Forfeited Lands division with Ramsey County Property Records and Revenue, has notified the city of a request by Bruce R. Roman to repurchase property located at 1713 Laurie Road E. The owners at the time of the forfeiture to the State of Minnesota were Edward P. & Pamela P. Roman, who are now deceased. Their adult son, Bruce Roman, occupies the property. Ms. Kujala’s office, which regulates tax forfeitures, has advised staff the city must forward a resolution of support to the county for Mr. Roman to repurchase his property. Please refer to the letter from Ms. Kujala. Request Approve the attached resolution recommending that the Ramsey County Board of Commissioners approve the repurchase application submitted for property located at 1713 Laurie Road E. Discussion As stated in Ms.Kujala’s letter, the Maplewood City Council must forward a resolution to approve or deny the request by Mr. Roman to repurchase his property. The city must consider whether the property is a municipal problem based on documented police violations, building code violations or health violations in the past five years. Staff has inquired with the city’s police, building code, zoning code and health divisions. Each department responded that there has been no illegal activity, code violations or health/safety violations in the past five years. Staff feels that the city should support the repurchase of this property by Mr. Roman. Budget Impact None. G8 Packet Page Number 47 of 264 Recommendation Adopt the attached resolution recommending that the Ramsey County Board of Commissioners approve the repurchase application submitted for property located at 1713 Laurie Road E. Attachments 1. Location Map 2. Property Line Map 3. Letter from Kristine Kujala dated June 4, 2014 4. Application Materials for Lot Repurchase 5. Resolution of Support G8 Packet Page Number 48 of 264 Location Map — 1713 Laurie Road East Tax Forfeited Property G8, Attachment 1 Packet Page Number 49 of 264 auapRamsey CD 7 10‐29‐22o44‐0066 1713 Laurie Road E θIが sl“ …¶F・ ιキri躊 “ レ 1725L 1733 レ., しレし ) : 1775, ・Vr「ヽ責知e~ ′ レレル 1639 レ 11649 レ 1655 ′ 1 ^′1卜●5二 16741 1“01 16861 ′ ‐‐117001 1731:1174211 17641 1774'4/ し 1673 ι ミ1679 レ |ブ`1哺刊tl15 Lau面11 ン_ゴ1 1700 じ (∫ン「|(4 1666 、17141/|1l Z/}1675 r゛、ll,L"欲 G8, Attachment 2Packet Page Number 50 of 264 Records and Revenue Taxpayer Services―Tax Forfeited Lands'Po BOx 64097・ Saint Paul′MN 55164‐0097 ヽ辮思常 June 4,2014 City of Maplewood Attn: Tom Ekstrand 1830 County Road B East Maplewood, MN 55109 Re: Repurchase application relating to a tax-forfeited property atL7L3 Laurie Road E. DearTom Ekstrand: Enclosed please find a repurchase application received from Bruce R. Roman for the property located at 1713 Laurie Road E. The property forfeited to the State of Minnesota on August L,2OL3 and is an occupied single family dwelling. The owners at the time of forfeiture, Edward P. & Pamela P. Roman, are deceased and their adult son Bruce Roman occupies the property. The applicant has explained the circumstances that led to the forfeiture on the attached application. The amount of delinquent taxes owed on the property at the time of forfeiture was approx. 517,600.00. County Board policy, No. 99-507, adopted on Decembe r 2!, !999, allows for "each repurchase application to be referred to the municipality in which the property is located. The municipality will document whether the property is considered a municipal problem based on documented police, building code, illegal activity, or health violations within the past five years. The municipality, by resolution, shall recommend that the County Board approve or deny the repurchase application and return the repurchase application to Ramsey County along with the resolution and documentation of any violations." The following documents are enclosed to assist you: . Copy of Application to Repurchase after Forfeiture. Map of the parcel Please send a certified copy of the city council resolution and all relevant documents to the Tax Forfeited Land office for final processing. lf you have any questions regarding the enclosed documents or require further information, please do not hesitate to contact me at (651) 266-2081. 挙し4ちた Kristine A. Kujala, Supervisor Tax Forfeited Lands G8, Attachment 3 Packet Page Number 51 of 264 ApplicatryLto Repurchase after Forfeiture Pin: Legal Description: 10‐29‐22‐44‐0066 Smkh and Tavlors AddLion to North St.PauL the South 1/2 ofvacated allev adiacent and exceDtthe VVest 525 feet of Lot 2,Block ll Address:1713 Laune Road E,Maplewood,MN Forfeiture Date: Aueust 1,2013 I hereby make application to repurchase the above described parcel of land, located in Ramsey County, from the State of Minnesota, and understand that pursuant to Minnesota Statutes, section 282.24L: o The owner at the time of forfeiture, or the owne/s heirs, devisees, or representatives, or any person to whom the right to pay taxes was given by statute, mortgage, or other agreement, may file an application to repurchase any parcel of land claimed by the state to be forfeited to the state for unpaid property taxes, unless sold or conveyed to a third party. o The property may be repurchased for the sum of all: o Cancelled taxes, including all delinquent real property taxes, plus penalties, accrued interest and costs attributable to the taxes. o All property taxes plus penalties, interest and costs on those taxes for the taxes payable year following the year ofthe forfeiture and all subsequent years through the year of repurchase. o All delinquent special assessments cancelled at the time of forfeiture, plus penalties, accrued interest and costs attributable to those assessments. o Special assessments not levied between the date of forfeiture and the date of repurchase. o Any additional costs and interest relating to taxes or assessments accrued between the date of forfeiture and the date of repurchase. o Extra costs related to repurchase and recording of deed. O e S25O.OO administrative service (repurchase) fee, in certified funds, is due at the time the application is submitted. O att maintenance costs accrued on the property while under the management of Ramsey County, Tax Forfeited Land, from the date of forfeiture until the adoption of a resolution by the Ramsey County Board of Commissioners, are to be paid by the applicant. E Applicant willtake possession of the property and be responsible for its maintenance and security upon approval of the repurchase by the Ramsey County Board of Commissioners. The reason or circumstances that led to the forfeiture of the property is (describe hardship): Return app∥cation to: Department of Property Records and Revenue′Attn:Tax Forfeited Lands Sect:on′ PO Box 64097,St.Paul′MN 55164-0097 G8, Attachment 4 Packet Page Number 52 of 264 I ωουtΔ li14a to th^ ]￢et民 13 0PPOr共 0へ tt■■oαもo武 tkこ ci掟ユiへ角υC″七十ι siへここへЧこ▲ュtttへ〇くパ´ゎo午 ,■いひよヽ2ユハ。へatsんはぃ、ロキt吹へて卜にキυやQ以 kへここ u■しkす ooLいこ。υer O′｀ρ二 ″ρn■■5モ。oとい政ンヽ ωにtとル～Pot pOa tい気ゃ。。←f｀ぃこ.こしんI PO≦ヒtヽ SOヽ αへよ｀lt Sorto￡kα 』a st“ぃ卜b ll_己喘。」α｀t“、ぐ(へ aハどict plttt。だS. oCヽ冬、こ二。ハ tヽ、｀ゝ P0 tkじヽ｀へα。“′_tO Pへ Ч ″1( αハよぃ、もttヽ ⊆ Δ」`十 tに｀じMヽ「esPo J``il｀十￢αぃ沙碁職iflハふ賞託i二 1、Tllltdt,こ p∪卜⊂ha、こ大kこ Pr。1を it Qハ d P。￢ bC」L"Ч ハeSρ・・・●工、じlキ lと ≒S_ G8, Attachment 4 Packet Page Number 53 of 264 RESOLUTION SUPPORTING THE REPURCHASE APPLICATION SUBMITTED TO RAMSEY COUNTY FOR PROPERTY LOCATED AT 1713 LAURIE ROAD E. WHEREAS, the property located at 1713 Laurie Road E. was forfeited to the State of Minnesota for non-payment of taxes on August 1, 2013; WHEREAS, the prior owner's son has filed a repurchase application with Ramsey County; WHEREAS, it is the Ramsey County Board’s policy that repurchase applications be reviewed by the municipality in which the property is located who shall adopt a resolution recommending approval or denial of said application; WHEREAS, the municipality shall consider in its recommendation whether the property is considered a municipal problem based on illegal activity, code violations or health and safety violations; WHEREAS, the city’s police, building code, zoning code and health personnel have all confirmed that their records show no violations of any sort at this property in the evaluation period of the previous five years; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby recommends to the Ramsey County Board of Commissioners approval of the repurchase application submitted by the prior owner's son of property located at 1713 Laurie Road E. The Maplewood City Council approved this resolution on ____________, 2014. G8, Attachment 5 Packet Page Number 54 of 264 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Andy Welti, Intern Michael Martin, AICP, Planner DATE: July 7, 2014 SUBJECT: Approval of Lot Repurchase Request for Properties South of 2036 English Street North Introduction Kristine Kujala, of the Tax-Forfeited Lands division with Ramsey County Property Records and Revenue, has notified the city of a request by James M. Sobota to repurchase properties located south of 2036 English Street N. Mr. Sobota was the owner of these properties when they reverted to the State of Minnesota for tax forfeiture. Ms. Kujala’s office, which regulates tax forfeitures, has advised staff the city must forward a resolution of support to the county for Mr. Sobota to repurchase his property. Please refer to the letter from Ms. Kujala. Request Approve the attached resolution recommending that the Ramsey County Board of Commissioners approve the repurchase application submitted for two vacant properties located south of 2036 English Street N. Discussion As stated in Ms.Kujala’s letter, the Maplewood City Council must forward a resolution to approve or deny the request by Mr. Sobota to repurchase his properties. The city must consider whether the properties are a municipal problem based on documented police violations, building code violations or health violations in the past five years. Staff has inquired with the city’s police, building code, zoning code and health divisions. Each department responded that there has been no illegal activity, code violations or health/safety violations in the past five years. Staff feels that the city should support the repurchase of these properties by Mr. Sobota. Budget Impact None, G9 Packet Page Number 55 of 264 Recommendation Adopt the attached resolution recommending that the Ramsey County Board of Commissioners approve the repurchase application submitted for properties south of 2036 English Street N., (PIN: 15-29-22-23-0061) and (PIN: 15-29-22-23-0089). Attachments 1. Location Map 2. Property Line Map 3. Letter from Kristine Kujala dated June 4, 2014 4. Application Materials for Lot Repurchase 5. Resolution of Support G9 Packet Page Number 56 of 264 Location Map — Properties south of 2036 English St. N. Tax Forfeited Properties G9, Attachment 1 Packet Page Number 57 of 264 CD 7 15‐29口 22‐23‐0061 N(Landlocked〕 Behind 2022 Engiish (English Street N〕 streetMapRamsey Legend Schools Recreational Centers Trail Parcel Points Parcel Boundar'res Parcel Lines Land Ties へご“.′ンドんヽ fr". 5嵐 1 rAl|rtl `4)て I:|| ■■口P'ご'ヽ1ミメ脇り ″イイ′「 :1 1 ヽじ ∫ ゛ulド゛鋼 Notes Enter Map D€3criPtion 脇熱 ltr. ミ ^″r、 ∫′ . '輌 , こ J:,v` 炒“三夢 ~~~ 二 =~~ ‐===プ多 =ゴ爾ゝ/1認レッ ′j1 ′′ 、 ♪ ′″′6罵マ ″′ ′アじ 9 1 ∫′・9 鳥ヽ 353.7 9 176i87 353.7 Feet NAD_1983_HAR¨N_Ramsey F“tO Ramsey County Enterplse C:SD市 ision This map is a user generated static outputfrom an!ntemet rnapping slte and is for reference only.Dataiayers that appear on ttis map may or may not be accurate,current,or ohen″ise re:iab:e. TH:S MAP:S NOT TO BE USED FOR NAV:GAT10NG9, Attachment 2Packet Page Number 58 of 264 MapRamsey CD7 15‐29‐22‐23‐0089 N(Landiocked〕 Behind 2022 Engllsh (English Street N〕 street Legend I Schools 2 Recreational Centers : Trail Parcel Points fJ Parcel Boundaries Parcel Lines Land Ties Ц 責 ′11 `∵｀で'lIヤ ′″つギ島 ,6F' う望|ョyan Ne=ョ轟, 1 Notes Enter Map D$cription 穆じ=嵐I 二 ″ |゛ I、卜じ御 ∬111`ミ:NAD_1983_HARN_^可 LMN_Ramsey_Feet O Ramsey County Enterplse GIS Division This map is a user generated static outputfrom an lnternet mapping ste and is fOr reference on:y Data:ayers that appear on this map rnay orrnay not be accurate,curent,o「otherwise re:iable. TH:S MAP:S NOT TO BE USED FOR NAV:GAT10N /4 ′′=''Ч ■lれつ 353.7 9 17187 353.7 FeetG9, Attachment 2Packet Page Number 59 of 264 Records and Revenue Taxpayer Services―Tax Forfeited Lands'PO Box 64097。Saint Paul′MN 55164-0097 ヽ辮認蹴 June 4,2OL4 City of Maplewood Attn: Tom Ekstrand 1830 County Road B E Maplewood, MN 55109 Re: Repurchase application relating to a tax-forfeited property south of 2036 English Street N. (PtN: 15- 29-22-23-096tl DearTom Ekstrand: Enclosed please find a repurchase application received from James M. Sobota for a property located south of 2036 English Street N. in Maplewood. The property forfeited to the State of Minnesota on August L,20L3 and is a vacant lot previously used in conjunction with a commercial landscape business. The prior owner at the time of forfeiture James M. Sobota is the repurchase applicant. The applicant has explained the circumstances that led to the forfeiture on the attached application. The amount of delinquent taxes owed on the property at the time of forfeiture was approx. S12,7OO.OO. County Board policy, No. 99-507, adopted on December 27,1999, allows for "each repurchase application to be referred to the municipality in which the property is located. The municipality will document whether the property is considered a municipal problem based on documented police, building code, illegal activity, or health violations within the past five years. The municipality, by resolution, shall recommend that the County Board approve or deny the repurchase application and return the repurchase application to Ramsey County along with the resolution and documentation of any violations." The following documents are enclosed to assist you:. Copy of Application to Repurchase after Forfeiture. Map of the parcel Please send a certified copy of the city council resolution and all relevant documents to the Tax Forfeited Land office for final processing. lf you have any questions regarding the enclosed documents or require further information, please do not hesitate to contact me at (651) 266-20gl. ルπZ Tax Forfeited Lands G9, Attachment 3 Packet Page Number 60 of 264 * l,XT.',iJ f# loY,,.o *.,.,,. Taxpayer Services - Tax Forfeited Lands ' PO Box 64097 . Saint paul, MN 55164-0097 June 4,2014 City of Maplewood Attn: Tom Ekstrand 1830 County Road B E Maplewood, MN 55109 Re: Repurchase application relating to a tax-forfeited property located south of 2036 English St. N. (ptN: 1s-29-22-23-0089) Dear Tom Ekstrand: Enclosed please find a repurchase application received from James M. Sobota for the property located south of 2036 English Street N. in Maplewood The property forfeited to the State of Minnesota on August L,2013 and is a vacant lot previously used in conjunction with a commerciallandscape business. The prior owner at the time of forfeiture James M. Sobota is the repurchase applicant. The applicant has explained the circumstances that led to the forfeiture on the attached application. The amount of delinquent taxes owed on the property at the time of forfeiture was approx. S24,3OO.OO. County Board policy, No. 99-507, adopted on Decembe r 27,1999, allows for "each repurchase application to be referred to the municipality in which the property is located. The municipality will document whether the property is considered a municipal problem based on documented police, building code, illegal activity, or health violations within the past five years. The municipality, by resolution, shall recommend that the County Board approve or deny the repurchase application and return the repurchase application to Ramsey County atong with the resolution and documentation of any violations." The following documents are enclosed to assist you:. Copy of Application to Repurchase after Forfeiture. Map of the parcel Please send a certified copy of the city council resolution and all relevant documents to the Tax Forfeited Land office for final processing. lf you have any questions regarding the enclosed documents or require further information, please do not hesitate to contact me at (G51) 266-2OgL. Sincerely, #4{"'-L Kristine A. Kujala, Supervisor Tax Forfeited Lands G9, Attachment 3 Packet Page Number 61 of 264 lication to R urchase after Forfeiture Pin:15-29-22-23-0061 Legal Description: Gladstone, Ramsev Co.. Minn., that part lvine Northwesterlv of a line 30 feet Northwesterlv from and parallel with Railroad Tracks of Lots 21. 22, 23 & 24. Block 1 Addre-ss; ,0 English Street N. Maplewood Forfeiture Date: Aueust 1, 2013 I hereby make application to repurchase the above described parcel of land, located in Ramsey County, from the State of Minnesota, and understand that pursuant to Minnesota Statutes, section 282.24L: The owner at the time of forfeiture, or the owne/s heirs, devisees, or representatives, or any person to whom the right to pay taxqs was given by statute, mortgage, or other agreement, may file an application to repurchase any parce! of land claimed by the state to be forfeited to the state for unpaid property taxes, unless sold or conveyed to a third pafi. The property may be lepurchased for the sum of all: o Cancelled taxes, including all delinquent real property taxes, plus penalties, accrued interest and costs attributable to the taxes. o All propefi taxes plus penalties, interest and costs on those taxes for the taxes payable year following the year ofthe forfeiture and all subsequent years through the year of repurchase. o All delinquent special assessments cancelled at the time of forfeiture, plus penalties, accrued interest and costs attributable to those assessments. o Special assessments not levied between the date of forfeiture and the date of repurchase. o Any additional costs and interest relating to taxes or assessments accrued between the date of forfeiture and the date of repurchase. o Extra costs related to repurchase and recording of deed. A SZ5O.OO administrative service (repurchase) fee, in certified funds, is due at the time the application is submitted. All maintenance costs accrued on the property while under the management of Ramsey County, Tax Forfeited Land, from the date of forfeiture until the adoption of a resolution by the Ramsey County Board of Commissioners, are to be paid by the applicant. Applicant will take possession of the property and be responsible for its maintenance and security upon approval of the repurchase by the Ramsey County Board of Commissioners. 丁he健「::卜晃兵f断 ¶『服譜 :trl盤 1:早曝 ∥『7辮 i3181∫」∥LR齢盤讐3出 ↓li197■賃a面 ng h 2002′rny business deteriorated′together with the economv in general′to the point where rnv expenses were greater than revenue. i could not financia∥y cope with a∥of the costs associated with trying to operate a business′which was my only∥velihood. l made efforts to se∥the business which were not successful. 丁here are three contiguous parceisinvolved and two ofthem became tax de∥nquent and forfeited to the State. lhave been ab!e to find a buver at a greatly reduced sale price′but sufficient to pay the taxes upon the ciosing ofthe,Ole′providing l am able to conclude a Repurchase Agreement. 丁he property is worth only S209′000 which is the best offerl could obtain even though serious efforts were made to se∥including MLS listing with a licensed broker. Return application to: DeparLment of Proper、/Records and Revenue′Alin:Tax Forfeited Lands Section′ PO Box 64097,St.PauL MN 55164-0097 G9, Attachment 4 Packet Page Number 62 of 264 Application to Repurchase after Forfeiture Pin: 15-29-22-23-0089 Legal Description: Gladstone,Ramsev Co.,Minn.,Lots 21,22,23,24,25&26&that part ofvacated streetiving North ofthe south∥ne of Lot 21 8t South of North line of Lot 27,a∥:lihl southさ isterlv ofb lihさ ]O febl雨 6rth"`J10「lv Of Bu∥htton Notthern Ra∥road Companv Ra“聖av Connecting Tract JI Bdng:n Bbck l ― Forfeiture Date: August l,2013 I hereby make application to repurchase the above described parcel of land, located in Ramsey County, from the State of Minnesota, and understand that pursuant to Minnesota Statutes, section 282.241.: ● Theowneratthetimeofforfeiture′orthe owner′s heirs,devisees,or representatives′orany person to whom ――一―― ― the right to partaX―as given by statute,mortgage戸or other agreement′may file an app∥cation to repurchase any parcel of!and claimed by the state to be forfeited to the state for unpaid property taxes′unless sold or conveyed to a third party. O The propett may be repurchased forthe surn ofa∥:o Cance∥ed taxes′ including a∥de:inquent real propett taxes′plus penaities′accrued interest and costs attributable to the taxes. o A∥propett taxes plus pena:ties′interest and costs on those taxes fbrthe taxes payable year fo∥owing the yё ar 6fthё fbrfeiture and a∥ subζ lquent years through the year of repurchase. o AI:バ e∥nquent special assessments cance∥ed at the time offbrfeiture′plus penalties′accrued interest and costs attributable to those assessments. o Specialassessments notlevied between the date offorfeiture and the date of repurchase. o Anyaddilo,alCOSts and interest reiating to taxes or assessments accrued between the date of forfeiture and the date of repurchase. o Extra costs related to repurchase and recording of deed. ● A S250.00 administrative service(repurChase)fee′in cettfied funds′is due at the time the application is subnl:tted. O Al:maintenance costs accrued on the propett while underthe management of Ramsey County′丁ax Forfeited Land′fromthedateofforfeitureuntiltheadoptionofa resolution bytheRamseyCounty8oardof Commissioners′are to be paid by the app∥cant. O App∥cant wi∥take possession ofthe propett and be responsible forits rnaintenance and securitγ upon approvalofthe repurchase by the Ramsey County Board of Commissioners. The reason or circumstances that led to the forfeiture of the property is (describe hardship): I carried on a landscape business for 50 years. I built the building on the property in L977. Starting in 2002, my business deteriorated, together with the economy in general, to the point where my expenses were greater than revenue. I could not financially cope with all of the costs associated with trying to operate a business, which was my only livelihood. I made efforts to sell the business which were not successful. There are three contiguous parcels involved and two of them became tax delinquent and --Jorfeitedto the State. I have been able to find a buyer at a greatly reduced sale price, but sufficient to pay the taxes upon the closing of the sale, providing I am able to conclude a Repurchase Agreement. The property is worth only $209,000 which is the best offer I could obtain even though serious efforts were made to sell including MLS listing with a licensed broker. G9, Attachment 4 Packet Page Number 63 of 264 RESOLUTION SUPPORTING THE REPURCHASE APPLICATION SUBMITTED TO RAMSEY COUNTY FOR PROPERTIES SOUTH OF 2036 ENGLISH ST. NORTH WHEREAS, the properties located south of 2036 English St. N., (PIN: 15-29-22- 23-0061) and (PIN: 15-29-22-23-0089) were forfeited to the State of Minnesota for non- payment of taxes on August 1, 2013; WHEREAS, the prior owner of this property has filed a repurchase application with Ramsey County; WHEREAS, it is the Ramsey County Board’s policy that repurchase applications be reviewed by the municipality in which the property is located who shall adopt a resolution recommending approval or denial of said application; WHEREAS, the municipality shall consider in its recommendation whether the property is considered a municipal problem based on illegal activity, code violations or health and safety violations; WHEREAS, the city’s police, building code, zoning code and health personnel have all confirmed that their records show no violations of any sort at these properties in the evaluation period of the previous five years; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby recommends to the Ramsey County Board of Commissioners approval of the repurchase application submitted by the prior owners of property located south of 2036 English St. N., (PIN: 15-29-22-23-0061) and (PIN: 15-29-22-23-0089) The Maplewood City Council approved this resolution on ____________, 2014. G9, Attachment 5 Packet Page Number 64 of 264 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Michael Thompson, Director of Public Works/City Engineer Bryan Nagel, Street/Storm Superintendent DATE: June 24, 2014 SUBJECT: Approval of Work on Fleet Garage Doors at 1902 County Road B East Introduction The council will consider garage door replacements and repair work required in the Public Works Fleet Garage located at 1902 County Road B East. Discussion Two overhead doors require replacement. One door is a safety fire drop door that services the mechanics bay while the second is the main overhead door at the front entrance into the fleet garage. In addition, repair work is required on the rear exit door of the fleet garage. The cost for the replacement and repair work $22,368.00. Budget Impact These expenditures will be paid out of the existing 2014 Building Operations program. Recommendation It is recommended that council approve the replacement of the garage doors and repair work for the Public Works Fleet Garage doors by Overhead Door Company in the amount of $22,368.00. Attachments 1. Overhead Door Co of the Northland Invoices dated 5/27/14 and 6/10/14 G10 Packet Page Number 65 of 264 G10, Attachment 1 Packet Page Number 66 of 264 G10, Attachment 1 Packet Page Number 67 of 264 MEMORANDUM TO: Melinda Coleman, Interim City Manger FROM: Michael Thompson, City Engineer/Public Works Director DuWayne Konewko, Parks and Recreation Director Steven Love, Assistant City Engineer Jim Taylor, Parks Manager DATE: July 7, 2014 SUBJECT: Approval of Agreement for Professional Services, County Road B Trail and Safety Improvements, City Project 14-02 Introduction The City Council will consider approval of agreement for professional services for preliminary and final design for the County Road B Trail and Safety Improvements, City Project 14-02. Background On January 27, 2014 the City Council passed a resolution supporting the 2014 Safe Routes to School Infrastructure Grant Application. The Public Works Department, the Parks and Recreation Department; along with the City’s consultant Bolton & Menk, Inc. worked together to prepare and submit a Safe Routes to School (SRTS) Infrastructure Grant application to MnDOT. The SRTS Infrastructure Grant included the construction of safety and trail improvements along County Road B from the existing trail at Birmingham Street to the existing trail at Van Dyke Street. Additionally, the proposal included extending a sidewalk from the proposed trail at the southeast corner of White Bear Avenue and County Road B to the existing sidewalk along the east side of White Bear Avenue south of County Road B. On April 4, 2014, the City received notification that the City was selected for the SRTS Infrastructure Grant. On May 12, 2014, the City Council authorized the County Road B Trail and Safety Improvements, City Project 14-02 to proceed and utilize the services of Bolton and Menk, Inc. as project engineer. An initial budget of $50,000 was previously approved. Discussion The proposed SRTS Infrastructure project will complete an important link of the County Road B corridor trail. This segment will connect the existing trail that leads to the Maplewood Community Center (MCC) at Van Dyke Street to the existing trail at Birmingham Street that was constructed as part of the 36 and English interchange project. Construction is anticipated in 2015 and will help provide a safe route for students walking or biking to John Glenn Middle School and Weaver Elementary School. Additional, residents will be provided a safe route to walk or bike to the MCC, Keller Lake Regional Park, and the new boardwalk recently constructed along Keller Lake. G11 Packet Page Number 68 of 264 City staff is working with members of MnDOT’s State Aid staff on completing the necessary steps to deliver the project and to receive the federal funding. The next phase of the project work includes preliminary design, neighborhood meetings, feasibility study, preparation of final design plans and project specification, and submittal of required federal documents. Assisting the city with the feasibility study, project design, specifications, and federal documents will be Bolton and Menk, Inc. Bolton and Menk, Inc. has submitted a proposed scope of services, Work Order No. 12, for the next phase of the project. This scope of services is for project management throughout the design process and includes topographic survey of the project area, neighborhood meetings, preliminary design, geotechnical study, management of property acquisition (i.e. temporary and permanent easements), final design, and project bidding. The following is a summary of the proposed work and associated costs: Project Management and Design $105,645 Property Acquisition $98,480 Geotechnical Study $6,032 Total $210,157 Proposed Scope of Services Bolton & Menk, Inc. In the future there will be additional expenditures for necessary temporary and permanent easement acquisitions (payments to property owners). These costs are not eligible to be covered by the awarded federal grant. The final costs of the easements will be determined during the property acquisition process through appraisals. Budget Impact The SRTS Infrastructure grant is a federal grant that provides funding to implement SRTS infrastructure projects. The funding provided is an 80% federal / 20% local match grant. The initial construction cost estimate for the County Road B Trail and Safety Improvements was $491,030. The federal grant share totals $392,800 (construction costs) with a minimum local match of $98,230 (construction costs). Costs associated with the preparation of the grant application and preliminary work done to receive the grant is not eligible to be funded through the grant or be part of the 20% match. A preliminary budget of $50,000 was established for the preparation of the grant application and work to receive the FHWA’s authorization. CIP Funds and PAC Funds will need to be identified to cover the local matching construction cost share, the preliminary budget, and design work . Staff is working on developing additional funding sources through partnerships with stakeholders. Staff will bring the final budget to the council prior to the council authorizing the project to be publicly bid. During the construction process it is planned to utilize city staff for construction inspection and public interaction. Staff plans to utilize the services of Bolton and Menk, Inc. to manage the project throughout the construction process. This will maximize city staff time and interaction with the City’s residents and provide the necessary project oversight for a federal project. G11 Packet Page Number 69 of 264 Recommendation It is recommended that the council authorize the City Manager and City Engineer to sign Work Order No. 12 for the design and property acquisition for the County Road B Trail and Safety Improvements, City Project 14-02 in the amount of $210,157 with Bolton and Menk, Inc which also signifies an adjustment in the existing $50,000 project budget. Attachments 1. Project Location Map 2. Proposed Scope of Services 3. Project Schedule 4. Work Order No. 12, County Road B Trail Design and Property Acquisition G11 Packet Page Number 70 of 264 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. © Ramsey County Enterprise GIS Division. 613.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION NAD_1983_HARN_Adj_MN_Ramsey_Feet Feet0613.1306.54 Notes Enter Map Description G11, Attachment 1 Packet Page Number 71 of 264 County Road B Trail - Bolton & Menk Scope Page 1 of 4 June 13, 2014 Proposed Scope of Services County Road B Trail Improvements City of Maplewood, Minnesota City Project Number: 14-02 June 13, 2014 Location: The County Road B Trail Improvements will include a new pedestrian and bicycle trail along County Road B from Birmingham St N to Van Dyke St tying into existing trails on either end. The project also includes new sidewalk along the east side of White Bear Ave south of County Road B. General Scope Description: Bolton & Menk will complete stakeholder engagement, preliminary design, environmental documentation, final design plans, project specifications, cost estimate and permits. Bolton & Menk Proposed Leadership: • Client Services Manager – Joseph Rhein, PE • Project Manager – Eric A. Johnson, PE • Transportation Project Engineer – Tim H. Lamkin Jr, PE Schedule: 2015 MnDOT Safe Routes to School Grant (federal funds) have been awarded for this project. To meet the needs of the City and requirements for use of federal funds, this project will adhere to the attached schedule. Detailed Scope Tasks: Task 1: Project Management / Meetings A. PMT Meetings - Bolton & Menk will facilitate monthly Project Management Team (PMT) meetings with project partners to discuss the status of the project. It is anticipated that up to 10 meetings will be necessary. B. Public Open House – Bolton & Menk will facilitate 2 open houses to introduce the project, explain the purpose and need, and communicate the design and construction schedule. C. Coordination - Bolton & Menk will have ongoing coordination with the City’s project manager. Bolton & Menk will also coordinate with Ramsey County and MnDOT staff as necessary. This task includes coordinating with the City to provide web updates. Deliverables: Meeting Agendas, Minutes, Open House Materials, Ongoing Coordination. Task 2: Data Collection A. Field Review – Bolton & Menk design team will perform a field walk to confirm understanding of conditions and document with pictures. B. Research o Gather section corner information available from County Surveyor’s office/on-line o Review title reports and/or title insurance commitments (provided by others) o Get copies of plats from City o Initiate Gopher One Call utility locate requests Ground markings Maps G11, Attachment 2 Packet Page Number 72 of 264 County Road B Trail - Bolton & Menk Scope Page 2 of 4 June 13, 2014 C. Base Map o Map Section lines, plats, rights-of-way and easements from research material o Create search points for property corner markers D. Horizontal and Vertical Control Surveys o Establish intermediate horizontal control points along project area o Establish bench marks along the project area E. Topographic Survey - Bolton & Menk will complete detailed topographic survey of the trail corridor F. Process Topographic Data o Create TIN for contouring o Map physical site improvements o Map utilities o Modify Base Mapping to conform to found property markers Deliverables: Field Review, Base Map, Topographic Survey Task 3: Environmental Documentation A. Project Memorandum a. Early Coordination: Preparation and submittal of the cultural review request and the state and federal threatened and endangered species requests. b. Prepare Project Memorandum as required by the FHWA, including: identification of needs and deficiencies; consideration of the potential social, economic, and environmental impacts of the project; evaluation of the avoidance of potential impacts; documentation of the analysis and agency correspondence; statement of design standards, elements, and exceptions (should there be any). Deliverables: Project Memorandum Task 4: Preliminary Design A. Geometric Layout a. Develop a Geometric Layout of the trail improvements and construction limits utilizing the survey information. b. Prepare a color geometric layout at 50-scale that displays plan and profile view of all geometry, intersection locations, construction limits, and existing and proposed typical sections. c. Present to the City for their approval and make revisions based on City comments d. Present to Ramsey County for staff approval and make revisions based on Ramsey County comments e. Submit final layout to the City and to Ramsey County. B. Design Memorandum a. Prepare a Design Memorandum to document decision-making process relative to trail design parameters. C. Cost Estimate a. Develop a preliminary construction cost estimate that corresponds with the geometric layout. Deliverables: Geometric Layout, Design Memorandum, Cost Estimate Task 5: Utility Coordination A. Utility Identification – Bolton & Menk will identify the location and potential impacts of known existing public and private utilities within the project area. This information will be included in the Existing Topography and Utilities Plan noted in Task 2A. G11, Attachment 2 Packet Page Number 73 of 264 County Road B Trail - Bolton & Menk Scope Page 3 of 4 June 13, 2014 B. Utility Impacts and Relocation – Bolton & Menk will send final design plans to utility owners for relocation planning and coordination at the 50% and 95% plan levels. Further correspondence and coordination with utility owners may be necessary to understand and resolve potential issues. C. Utility Coordination Meetings – Bolton & Menk will prepare for and facilitate utility coordination meetings with public and private utility owners. Our scope accommodates up to two meetings. Our scope also includes an initial meeting with Excel to discuss the poles at the onset of the project. Deliverables: Utility Coordination and Meeting Facilitation Task 6: Geotechnical We have included Braun Intertec on our project team. We have attached their scope of work and fee to this proposal. A. Geotechnical Engineering Coordination - Bolton & Menk will have regular communications with Braun Intertec to ensure the proper areas (trail, rain garden, and retaining wall area) are tested and that the results are integrated into the project design. Deliverables: Coordination with Braun Intertec Task 7: Property Acquisition We have included Henning Professional Services to facilitate all property acquisition for this project ensuring the federal process is followed. We have attached their scope of work and fee to this proposal. A. Property Acquisition Coordination – Bolton & Menk will have regular communications with Henning Professional Services to ensure the project remains on schedule, discuss impacts and property needs, discuss potential obstacles, develop solutions, and integrate outcomes into the project design. B. Parcel Sketches - Prepare parcel sketches and proposed easement descriptions (up to 26 parcels) C. View Stakes - Stake proposed easements in the field for viewing purposes Deliverables: Coordination with Henning Professional Services, Parcel Sketches, View Stakes Task 8: Final Design and Plan Preparation Our team will complete the detailed design of the proposed improvements consistent with the latest MnDOT design requirements, Americans with Disabilities Act (ADA) requirements, and Public Rights of Way Accessibility Guidance (PROWAG) guidelines, and in accordance with all Federal and State laws, rules, and regulations. A. Plan Sheets - Our team of engineers and technicians are committed to providing prepared to ensure proper ADA curb ramp design, sidewalk grades, and surface drainage. Comprehensive, detailed construction plans that are legible and constructible will be produced. Construction plan details will comply with the Delegated Contract Process (DCP) by preparing plans consistent with MnDOT Federal Aid checklists and State Aid requirements. This task includes preparation of applicable plan sections such as: • Title Sheet • General Layout • Statement of Estimated Quantities • Tabulations • Typical Sections / Construction Details • Existing Conditions and Utilities Plans • Right of Way Plans • Removal Plans G11, Attachment 2 Packet Page Number 74 of 264 County Road B Trail - Bolton & Menk Scope Page 4 of 4 June 13, 2014 • Construction & Grading Plans • Signal Plans • Turf Establishment and Erosion Control Plans • Signing and Striping Plans • Sanitary, Water, and Drainage Plans (if adjustments are needed) B. Project Specifications – Bolton & Menk will prepare special provisions to submit with the final construction plan. C. Engineer’s Estimate – Bolton & Menk will prepare an engineer’s cost estimate with breakdowns provided for the various funding sources and participating/non-participating items where necessary. D. Documents for DCP - Bolton & Menk will prepare and submit various forms as required in the Delegated Contract Process (DCP) checklist for local agency federal-aid projects. This task includes preparation of: • Right of Way Certificate (certifies that existing right of way is sufficient to construct the project) • Utility Relocation Certificate (certifies that utility companies have been notified of relocations and schedule for completion of relocations) • Request for Lab Services Form (request for MnDOT testing and lab services, if any) • Federal Aid Plan Checklist (verifies necessary plan content and requirements are met) E. Submittals - Bolton & Menk will submit final design plans and other documents for review at the following stages of completion: • 50% Plan Review – submittal to include final design plans and a format/index for the special provisions. • 95% Plan Review – submittal to include final design plans, specifications, and engineer’s estimate. We will incorporate the City comments from the 50% plan review. • Final Plan Approval – submittal of final design plans, specifications, and engineer’s estimate for approval and signatures. Any final City comments will be addressed in this submittal. F. Permits - Bolton & Menk will prepare and coordinate all necessary permits for the project. G. Bidding Documents - Bolton & Menk will prepare and assemble bidding documents which will include project specifications, instructions to bidders, bid proposal form, labor/wage requirements, and MnDOT attachments. Deliverables: 50%, 95%, and final plans, engineer’s estimate (95% and final), special provisions (95% and final). Complete final construction plans on 11” x 17” signed by licensed Bolton & Menk engineer and all approving agencies. Task 9: Bidding Services Our team will lead contract bidding and award activities in accordance with Federal Aid, State Aid, and DCP requirements. A. Advertisement for Bid - Bolton & Menk will prepare and publish the advertisement for bid. B. Distribute Bidding Documents - Bolton & Menk will distribute bid documents. C. Responses to Questions - Bolton & Menk will provide responses to contractor questions. D. Issue Addenda - Bolton & Menk will issue addenda as required. E. Bid Opening and Tabulation - Bolton & Menk will attend the bid opening and assist the City in preparing bid tabulation and verification. Deliverables: Advertisement for bid, distribution of bid documents, responses to contractor questions, and issue addenda. G11, Attachment 2 Packet Page Number 75 of 264 MonthWeek of2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 291.0 Project Management1.1 PMT Meetings (up to 10 meetings)XXXXXXXXXX1.2 Public Open House (up to 2 meetings)XX1.3 Coordination2.0 Data Collection2.1 Field Review2.2 Research / Base Map2.3 Control Survey / Topographic Survey2.4 Process Topographic Data3.0 Environmental Documentation3.1 Early Agency Notification3.2 Draft Project Memo3.3 Final Project Memo3.4 Project Memo Approval4.0 Preliminary Design4.1 Geometric Layout4.2 Design Memorandum4.3 Cost Estimate5.0 Utility Coordination5.1 Utility Identification5.2 Utility Impacts and Relocation5.3 Utility Coordination Meetings (Up to 3 meetings)XXX6.0 Geotechnical6.1 Borings6.2 Testing6.3 Report7.0 Property Acquisition7.1Title Work 7.2Parcel Sketches7.3Early Notification Letter 7.4Field Staking7.5Field Title Meeting with Landowner, Appraiser, Agent7.6Appraisals & Review Appraisals7.7City Council Resolution to Make Offers and Condemn7.8Draft and Present Offer to Landowners7.9Minimum 30 Day Consideration Period for Landowners7.10Condemnation Petition7.11Quick Take Period7.12Title and Possession7.13Obtain R/W Certificate from Mn/DOT8.0 Final Design8.1 Plans / Specifications / Engineers Estimate8.2 50% Plan Review8.3 95% Plan Review8.4 SALT Review8.5 Permits8.6 Bidding Documents9.0 Bidding Services9.1 Authority to Bid9.2 Advertise / Distribute Bid Docs / Respond to Questions9.2 Bid Opening/DBE Cert/Contract Award/Notice of AwardJanuaryFebruaryAprilCounty Road B Trail Improvements - Project ScheduleMaplewood, MinnesotaJune, 2014JuneJulyAugustSeptemberOctoberNovemberDecemberMayMarchJune2015G11, Attachment 3Packet Page Number 76 of 264 City of Maplewood Page 1 of 2 WORK ORDER NO. 12 COUNTY ROAD B TRAIL DESIGN AND PROPERTY ACQUISTION CITY PROJECT NO. 14-02 CITY OF MAPLEWOOD and BOLTON & MENK, INC. Work Order No. 12, made this ______day of __________, 2014, by and between the CITY OF MAPLEWOOD, 1830 East County Road B, Maplewood, Minnesota 55109 (“CLIENT”) and BOLTON & MENK, INC., 2035 County Road D East, Suite B, Maplewood, Minnesota 55109 (“CONSULTANT”) is an addendum to the original Master Agreement between the City and Bolton & Menk, Inc. dated May 21, 2012 (“Master Agreement”). All provisions of the Master Agreement shall apply to this Work Order except and unless specifically modified herein. SECTION I – SCOPE OF WORK CLIENT was awarded a Safe Routes to School (SRTS) infrastructure grant for federal funding toward construction of a trail along the County Road B corridor from Birmingham Street to Van Dyke Street. As authorized by Work Order #10, CONSULTANT performed preliminary engineering for the project in advance of project authorization to assist CLIENT in readying the federal project for design. This Work Order #12 funds the survey, design, and right-of-way acquisition to ready the project for construction. The CONSULTANT agrees to perform engineering services for the County Road B Trail Improvements project as requested by the CLIENT. The services are detailed on the attached scope document dated June 13, 2014. These services include the following Tasks: Task 1: Project Management / Meetings Task 2: Data Collection Task 3: Environmental Documentation Task 4: Preliminary Design Task 5: Utility Coordination Task 6: Geotechnical Task 7: Property Acquisition Task 8: Final Design Task 9: Bidding Services SECTION II - SCHEDULE It is anticipated Work by the CONSULTANT will begin in July 2014 and be substantially completed in June 2015. G11, Attachment 4 Packet Page Number 77 of 264 City of Maplewood Page 2 of 2 SECTION III - COMPENSATION FOR SERVICES Compensation for these engineering services shall be on an hourly basis in accordance with the 2014 Schedule of Fees, or such Schedule as may be subsequently revised and accepted, in writing, by CLIENT in accordance with Section III.A.2 of Master Agreement. Estimated budget for the Work shall be as shown on the fee table attached to this document. Estimated total cost for the Work is $210,157. SECTION IV - SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Work Order may only be amended, supplemented, modified or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CLIENT: City of Maplewood CONSULTANT: Bolton & Menk, Inc. Melinda Coleman Mark D. Kasma, P.E. Acting City Manager Maplewood Office Manager CLIENT: City of Maplewood Michael Thompson, P.E. Director of Public Works / City Engineer G11, Attachment 4 Packet Page Number 78 of 264 G12 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Mychal Fowlds, IT Director DATE: July 8, 2014 SUBJECT: Approval to Donate Lockers to Harmony School Introduction A portion of the Police Department Expansion Project was the construction of new locker rooms for our officers. Harmony School, an ISD 622 school, has expressed interest in repurposing any usable lockers we may have. Rather than simply recycling them staff would prefer to donate them. Background The new locker rooms have now been constructed and are being used by our officers. This means that demolition can now begin on the interior portion of the Police Department. This interior portion includes the old locker room. The space that the locker room currently occupies will be a large conference room after construction and therefore all of the lockers need to be removed. While staff has a need for repurposing 3-4 lockers the majority of them were slated to be recycled as we have no need for them and they no longer fulfill the needs of our officers, hence the new lockers. Staff was made aware that Harmony School may have an interest in some of the old lockers. Staff contacted Harmony School and they were very excited about the prospect of possibility repurposing the lockers. According to State Statute 16C.23 the City Council is authorized to “transfer it to a governmental unit of nonprofit organization in Minnesota” to dispose of surplus property/equipment. Harmony School would facilitate the pickup of the older lockers so there would be very little staff time spent to facilitate the donation. As our Green Team has presented, recycling is great but repurposing is even better. Staff feels that this donation not only assists a local public entity but does so with a positive environmental impact. Budget Impact None. Recommendation Staff recommends that the Council give approval to donate any usable lockers to Harmony School. Attachments 1. Resolution Approval of Donation Packet Page Number 79 of 264 G12, Attachment 1 RESOLUTION APPROVAL OF DONATION WHERAS the City of Maplewood and the Police Department, during the remodeling of the Police Department have lockers that are no longer needed and, WHERAS the City of Maplewood has received interest from Harmony School, an ISD 622 school, in repurposing the lockers. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Police Department to donate said lockers to Harmony School. Packet Page Number 80 of 264 G13 MEMORANDUM TO: Melinda Coleman, Interim City Manager and City Council FROM: H. Alan Kantrud, City Attorney DATE: July 8, 2014 RE: Purchase Agreement for 1177 Century Property Introduction As part of the City’s decision to construct the new Fire Station on the 3M campus it was determined that the City’s Fire Station at 1177 Century Avenue would be considered, “excess” property and thus eligible for sale. The City was approached by a small company, LCS Lawncare, looking to expand their business and expressed interest in the Station. The City was presented with an offer that was discussed in closed session with Council on the 24th of June 2014. Council provided Staff with direction and expectations to guide the future negotiations. Discussion Staff met with LCS in late June and within a short time an agreement was arrived at whereby the City is able to sell the 1177 Century Avenue property as-is, where-is to LCS for $927,000.00 with a broker’s commission to be paid to Crossroads Properties of $27,000.00--- paid out of the proceeds of the sale and thus the City will “net” +/- $900,000.00. If the Purchase Agreement proposed (attached as Attachment 1 hereto) is approved by Council, the parties anticipate that the closing will be on or before November 1, 2014. Budgetary Impact All proceeds from the sale of this Station will be used to finance improvements at existing fire stations. Recommendation Authorize the Mayor and Manager to execute the Purchase Agreement in current form or a form that maintains the material intent and monetary return to/for the City. Attachments 1. Proposed Purchase Agreement Packet Page Number 81 of 264 1 PURCHASE AGREEMENT This Agreement is made between The City of Maplewood, a municipal corporation, ("Seller"), and L.C.S. Lawn Service, LLC, its Successors or Assigns ("Buyer"). In consideration of this Agreement, Seller and Buyer agree as follows: 1. Sale of Property. Seller shall sell to Buyer, and Buyer shall buy from Seller, the following property: (a) Real Property. The real property located in Ramsey County at 1177 Century Avenue, State of Minnesota and described in the attached Exhibit “A”, ("the Land") together with (i) all buildings and improvements constructed or located on the Land ("the Building") and (ii) all easements and rights benefiting or appurtenant to the Land (collectively the "Real Property"), AS-IS, WHERE-IS, WITH ALL FAULTS. (b) Personal Property. All of the personal property, AS-IS, WHERE-IS, WITH ALL FAULTS, situated in or about the Real Property owned by Seller on the closing date, and used in the maintenance or operation of the Building, including without limitation, all existing Furniture, Fixtures and Equipment (the “Personal Property"). 2. Purchase Price and Manner of Payment. The total purchase price (the "Purchase Price") is Nine Hundred and Twenty Seven Thousand and no/100's ($927,000.00). Buyer shall pay the Purchase Price to Seller as follows: 2.1 Earnest Money. Within five (5) days after this Purchase Agreement is accepted and signed by both Buyer and Seller, the Buyer shall tender the total sum of Ten Thousand and no/100's ($10,000.00) as earnest money ("Earnest Money") which shall be held by the Title Company. The Earnest Money shall be held in trust and be applied to the Purchase Price at the closing of the purchase and sale contemplated by this Agreement (the "Closing"), should Closing occur. Should Closing not occur, Seller would be entitled to retain the Earnest Money, except as provided for in Section 2.3, 3. and 3.3. Within five (5) days of the execution of this Purchase Agreement by both parties, Buyer shall open escrow, deposit the Earnest Money with the Title Company, and provide the Seller with a receipt. G13, Attachment 1 Packet Page Number 82 of 264 2 2.2 Closing Payment. The balance of the Purchase Price equal to the difference between the Purchase Price and the Earnest Money (the "Closing Payment") shall be paid by Buyer in cash or by wire transfer of U.S. funds to be received by the Title Company on or before 2:00 p.m. on the Closing Date (defined below). The Closing Payment shall be increased or decreased by the net of the closing adjustments and pro- rations as set forth in this Agreement. 2.3 Evidence of Available Funds. On or before seventy five (75) days after the execution of this Purchase Agreement, Buyer shall furnish Seller with documentary evidence which must establish that the Buyer owns and/or controls sufficient funds (U.S. Dollars) to consummate the purchase contemplated herein. If Seller cannot provide such assurances either Party may cancel this Agreement or both Parties must mutually agree to extend the financing assurance and closing times. If Buyer elects to terminate this agreement due to its failure/inability to obtain financing within seventy five (75) days of the execution of this Purchase Agreement or within any time period further extended to it, the Seller shall not be entitled to the Earnest Money. 3. Inspection / Feasibility Period. Seller hereby grants Buyer Seventy Five (75) days from the date of the execution of this Purchase Agreement by both parties to determine whether it wishes to close on the sale of the Property as described below (the "Inspection Period"). Seller acknowledges that Buyer needs a Conditional Use Permit (CUP) to fully utilize the site upon purchase and purchase is contingent on the approval of said Permit. Buyer shall submit CUP paperwork on or before the fifteenth of July, 2014 and Seller shall authorize or decline the CUP within the seventy five day period contemplated in this section. 3.1 Access to Real Property. Seller shall allow Buyer, and Buyer's agents, access to the Property without charge and at all reasonable times for the purpose of Buyer's investigation and testing the same. Buyer shall pay all costs and expenses of such investigation and testing and shall hold Seller and the Property harmless from all costs and liabilities relating to the Buyer's activities. Buyer shall not damage, encumber, permit a lien or claim to result from its activities or alter the Property in any way. Buyer shall further repair and restore any damage to the Property caused by or occurring during Buyer's testing (including, but not limited to, the proper filling of any holes drilled) and return the Property to substantially the same condition as existed prior to such entry. In making any inspection hereunder, Buyer will treat, and will cause any representative of Buyer to treat, all information obtained by Buyer pursuant to the terms of this Agreement as strictly confidential. G13, Attachment 1 Packet Page Number 83 of 264 3 3.2 Title Policy and Survey. Within five (5) days after this Agreement has been executed by Buyer, Seller will order and pay for a basic Commitment to Issue a basic Title Policy (the "Title Commitment") or equivalent issued by the Title Company. Buyer will be responsible for obtaining delivery of the Title Commitment and any supporting documentation in order to evaluate the status of title to the Property before the end of the Inspection Period. Buyer may order and pay for a Survey, if Buyer so desires. 3.3 Notification of Termination. Unless Buyer notifies Seller in writing delivered before the end of the Inspection Period that it has elected to terminate this Agreement without purchasing the Property, then upon the expiration of the Inspection Period Buyer will be obligated to purchase the Property under the terms of this Purchase Agreement. Upon such notification, before the end of the Inspection Period, and subsequent termination of this Agreement, the Earnest Money shall be released to Buyer and upon such return, neither party will have any further rights or obligations regarding this Agreement or the Property. 4. Closing. The Closing shall occur on or before November 1, 2014 (the "Closing Date"). The Closing shall take place at the Title Company. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. At either party’s option the Closing may be conducted by mail with appropriate written escrow instructions to the title company serving as closing agent. IN THE EVENT THIS TRANSACTION DOES NOT CLOSE BY THE SCHEDULED CLOSING DATE, AS DESCRIBED ABOVE, THROUGH NO FAULT OF THE SELLER, BUYER AGREES TO PAY $75.00 PER DAY TOWARDS THE SELLER’S CARRYING COSTS. THE TOTAL OF SAID SUM SHALL BE CREDITED TO THE SELLER ON THE ACTUAL CLOSING DATE. IF THE CLOSING IS DELAYED BEYOND FIFTEEN (15) CALENDAR DAYS FROM THE SCHEDULED CLOSING DATE, THEN AT SELLER’S OPTION, THIS AGREEMENT MAY BE CONSIDERED NULL AND VOID. 4.1 Possession Date. It is expected that the possession date for Buyer shall be within twenty four (24) hours of closing. The Parties hereby acknowledge, however, that Seller may not be able to take full-possession of its new facility by the date of closing above and Buyer hereby agrees to a lease-back of any and all such areas of the premises as required by the Seller at a commercially reasonable rate to be agreed-upon at that time. Seller acknowledges that it will provide Buyers reasonable access to any and all areas Buyers wish to perform renovations to once the due-diligence period has passed and closing confirmed. G13, Attachment 1 Packet Page Number 84 of 264 4 4.2 Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, the "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer and Seller: (a) Deed. A Limited or Special Warranty Deed conveying the Real Property to Buyer. (b) Seller's Affidavit. An Affidavit of Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller that would involve the Real Property; that there has been no skill, labor or material furnished to the Real Property for which payment has not been made; and that to the best of Seller's knowledge, there are no other unrecorded interests in the Real Property. (c) Other Documents. All other documents reasonably necessary to transfer the Real and Personal Property to Buyer. 4.3 Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, the "Buyer's Closing Documents"): (a) Purchase Price. The balance of the Purchase Price by wire transfer of U.S. funds. (b) Closing Certificate. The Closing Certificate and Closing Statement with any additional documents and instruments as in the opinion of Buyer’s counsel and Seller’s counsel are necessary to the proper consummation of this transaction. 4.4 Disclaimer of Representations and Warranties; Indemnity (a). Buyer acknowledges that the Real Property and Personal Property shall be conveyed subject to any and all matters affecting the Real and Personal Property, whether of record or otherwise, and Buyer acknowledges that all such matters shall be Permitted Exceptions (herein so called) to the deed to be delivered by Seller at Closing. G13, Attachment 1 Packet Page Number 85 of 264 5 (b) BUYER ACKNOWLEDGES THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES, DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES (OTHER THAN THE WARRANTY OF TITLE TO BE SET FORTH IN THE DEED), PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE REAL AND PERSONAL PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF ANY PORTION, COMPONENT OR ASPECT OF THE PROPERTY, OR (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL REQUIREMENTS, PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS OR ORDERS, INCLUDING THE EXISTENCE IN OR ON THE PROPERTY OF HAZARDOUS MATERIALS. BUYER ACKNOWLEDGES AND AGREES HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, AND EXCEPT AS OTHERWISE SET FORTH HEREIN, BUYER IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER AND ACCEPTS THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS." BUYER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED G13, Attachment 1 Packet Page Number 86 of 264 6 WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS WHERE IS" BASIS WITH ALL FAULTS. The foregoing disclaimers, appropriately modified, shall appear in substantially the same form in the Deed. (c) BUYER, ON BEHALF OF ITSELF, ITS SUCCESSORS AND ASSIGNS, HEREBY AGREES TO INDEMNIFY, PROTECT, DEFEND AND HOLD HARMLESS SELLER, AND SELLER'S OFFICERS, DIRECTORS, AGENTS, SERVANTS, EMPLOYEES, ATTORNEYS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, DAMAGES, LOSSES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES, COURT COSTS, CONSULTANT FEES, EXPERT FEES, AND OTHER LITIGATION RELATED EXPENSES) (COLLECTIVELY, "CLAIMS") ARISING OUT OF THE PERMITTED EXCEPTIONS. BUYER FURTHER RELEASES SELLER FROM RESPONSIBILITY FOR ALL CLAIMS OF BUYER OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS THAT ARE PROXIMATELY CAUSED BY THE USE OR OCCUPATION OF THE LANDS HEREIN DESCRIBED BY GRANTEE OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS. G13, Attachment 1 Packet Page Number 87 of 264 7 (d) The provisions in Section 4.3 (a), (b), and (c), hereof shall survive the Closing. Buyer shall execute a certificate at Closing in substantially the same form as Section 4.3 3(a), (b), and (c) (the "Closing Certificate"). 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: 5.1 Title Insurance and Closing Fee. Seller will pay all costs for a basic title commitment. Buyer shall bear all costs of any further title work, including, but not limited to the Policy and endorsements. Nothing in this Agreement shall require Seller to incur any liability to the Title Company in connection with the deletion of any exceptions. Seller and Buyer will split equally any closing fees or charges imposed by any closing agent or company. 5.2 Real Estate Taxes and Special Assessments. Real estate taxes payable in the year in which the Closing occurs shall be pro-rated based upon a calendar year based upon the Closing Date. All installments of special assessments due and payable as of Closing shall be paid in full by Seller at Closing. Real estate taxes and/or special assessments installments due after Closing or in any following year shall be the responsibility of the Buyer. 5.3 Recording Costs. Seller will pay the cost of recording the Limited Warranty Deed. Buyer will pay the cost of recording all other documents. 5.4 Other Costs. All other operating costs of the Property shall be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs payable before the Closing Date, and Buyer pays that part of such operating costs payable from and after the Closing Date. 5.5 Personal Property Sales Tax. Buyer agrees to pay for the sales tax on the personal property, if any. 6. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 6.1 Corporation; Authority. Seller is duly organized and qualified to transact business in the State of Minnesota; Seller has the requisite corporate power and authority to enter into and perform this Agreement and those Closing Documents signed by it; such documents have been duly authorized by all necessary corporate action on the part of the Seller and have been duly executed and delivered. G13, Attachment 1 Packet Page Number 88 of 264 8 6.2 Conveyance As Is and Without Warranties. This Agreement is made without representation or warranty of any kind by Seller except as stated in Section 6.1 above and that of title as contained in the deed Seller shall deliver at Closing. Neither Seller nor any agent or person acting on behalf of Seller has made any representation or warranty concerning any environmental or physical aspect of the Property, or any other matter pertaining to the Property and the Buyer is relying solely upon its own inspection, investigation and review. The Property and any right, interest or title Seller may or may not have therein is being sold AS-IS, WHERE IS, and without any warranty or representation of any kind with respect to right, title, interest, marketability, fitness, merchantability or any other matter, either express or implied. BUYER DOES HEREBY WAIVE, AND SELLER DOES HEREBY DISCLAIM, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, NATURE OR TYPE WHATSOEVER WITH RESPECT TO THE PROPERTY, including by way of description but not limitation, those of CONDITION, MERCHANTABILITY, TENANTABILITY, HABITABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, and Buyer releases Seller from any claim, cause of action or other assertion of right with regard thereto. The terms of this paragraph shall survive the Closing and delivery of the deed. 6.3 Environmental Issues. It is expressly understood and agreed that Buyer shall, during the Inspection Period, conduct its own independent and complete studies regarding all aspects of the Property for purposes of determining whether Buyer wishes to proceed beyond the Inspection Period and be bound as provided in this Agreement. Any information supplied by Seller shall not constitute any representation or warranty regarding the Property. Buyer shall release, indemnify and hold harmless The City of Maplewood, as Seller, their officers, agents, insurers, heirs, personal representatives, successors and assigns, of and from, any and all manner of action or actions, suits, claims, damages, judgments, or penalties, whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, against The City of Maplewood, as Seller, their officers, agents, insurers, heirs, personal representatives, successors and assigns for, upon or by reason of any death or bodily injury to any person, destruction or damage to any property, contamination or adverse effect on the environment, or any violation of governmental laws, regulations or orders, to the extent that such damage was caused by the environmental conditions of the Property or the treatment or remediation of the environmental conditions of the Property. G13, Attachment 1 Packet Page Number 89 of 264 9 6.4 Buyer's Acknowledgment. Buyer acknowledges that it has been or will be given a reasonable opportunity to fully and independently inspect the Property prior to the Closing. Buyer acknowledges that it will rely solely on its own inspection in determining the physical condition and other matters pertaining to the Property and whether or not Buyer wishes to purchase the Property. 7. Broker's Commission. If a Closing occurs, Seller will be responsible for brokerage commission to Crossroads Properties in an amount not to exceed Twenty Seven Thousand Dollars ($27,000.00) to be paid out of Seller’s proceeds at closing. Seller and Buyer represent to each other that they have dealt with no other brokers, finders or the like in connection with this transaction, and agree to indemnify and hold each other harmless from all claims, damages, costs or expenses of or from any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including attorneys' fees. 8. Notices. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Mark Young Crossroads Properties 7300 Hudson Blvd. Ste. 210 Oakdale, MN 55128 With Copy to: If to Buyer: Melinda Coleman City of Maplewood 1830 County Road B East Maplewood, MN 55109 Any party may change its address for the service of notice of such change ten (10) days prior to the effective date of such change. 9. Assignment. Buyer shall have the right to assign its interest in this Agreement with proper notice to Seller upon assignment. G13, Attachment 1 Packet Page Number 90 of 264 10 10. Miscellaneous. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. This Agreement may not be amended or modified orally, but only by a written agreement executed by the Buyer and the Seller and designated as an amendment or modification of this Agreement. No waiver of any of the terms of this Agreement will be effective unless in writing executed by the parties. This Agreement binds and benefits the parties and their successors and assigns. This Agreement will be governed as to validity, interpretation, effect, enforcement, and in all other respects in accordance with the internal (without resort to principles of conflict of laws) substantive and procedural laws of the State of Minnesota, except to the extent that the laws of the United States may prevail. 11. Remedies. If Seller defaults in any obligations under this Agreement, Buyer may terminate this Agreement and recover its Earnest Money from Seller as its sole remedy. If Buyer defaults in any of its obligations in this Agreement, Seller may terminate this Agreement and retain the Earnest Money as its sole remedy. Notwithstanding the remedies set forth above, in the event after Closing a party (the “defaulting Party”) breaches an obligation hereunder which is expressly stated herein to survive the Closing, the Defaulting Party shall be liable to the other party (the “Non-Defaulting Party”) for the damages incurred by the Non- Defaulting Party as a result of such breach. 12. Expiration. The execution of this Agreement by Buyer and the delivery hereof to Seller shall constitute an offer which shall be automatically revoked, withdrawn and terminated unless Seller accepts same by executing this Agreement prior to 4:00 p.m., Central Daylight Time, on the fifteenth of July, 2014. 13. In the event it becomes necessary for either party hereto to file a suit to enforce this Agreement or any provisions contained herein, the party prevailing in such action shall be entitled to recover, in addition to all other remedies or damages, reasonable attorneys' fees and court costs, including appellate costs, incurred in such suit; provided, however, if Buyer does not prevail in a suit for specific performance despite a finding by the court in such action that Seller was in default under this Agreement, then Buyer will nonetheless be deemed to be the prevailing party for purposes of this provision. G13, Attachment 1 Packet Page Number 91 of 264 11 14. This Agreement constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. Multiple originals of this Agreement may have been executed by the parties hereto. Each such executed original shall have the full force and effect of an original executed instrument. Signature pages from the multiple originals may be assembled to form one document. This Agreement may be executed in multiple counterparts, all of which when taken together shall constitute one and the same agreement. 15. In computing any period of time described in this Agreement, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday under the laws of the State of Minnesota, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. The final day of any such period shall be deemed to end at 5:00 o'clock p.m. (Central Time). 16. Each party hereto acknowledges that it has had the benefit of legal counsel of its own choice and has been afforded an opportunity to review this Agreement with its legal counsel and that this Agreement has been jointly drafted and shall be construed as having been jointly drafted by each party hereto. Accordingly, the normal rule of construction to the affect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 17. In addition to the acts and deeds recited herein and contemplated to be performed, executed and/or delivered by Seller and Buyer, both Seller and Buyer hereby agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered at the Closing or after the Closing, such further acts, deeds and assurances as the other party hereto may reasonably require to (a) evidence and vest in Buyer the ownership of, and title to, all of the Property in accordance with the terms hereof and (b) consummate the transactions contemplated hereunder. 18. This agreement is performable in Ramsey County, State of Minnesota, and shall in all respects be governed by, and construed in accordance with, the substantive federal laws of the United States and the laws of the State of Minnesota. G13, Attachment 1 Packet Page Number 92 of 264 12 This Agreement is executed by Seller and Buyer on the dates set forth below their respective signatures. SELLER: __________________________ By: Nora Slawik, Mayor Date: _______________ __________________________ By: Melinda Coleman, Manager Date: _______________ BUYER: _________________________________ L.C.S. Lawn Service, LLC _________________________________ Date: _______________ This Space Intentionally Left Blank G13, Attachment 1 Packet Page Number 93 of 264 13 EXHIBIT A PREMISES/LEGAL DESCRIPTION G13, Attachment 1 Packet Page Number 94 of 264 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Karen Guilfoile, Citizen Services Director Regan Beggs, Business License Specialist DATE: June 24, 2014 SUBJECT: Approval of First Reading Amending the Ordinance Regulating Tattoo Establishments Introduction: The City of Maplewood began regulating tattoo establishments in 2003 and currently licenses two (2) establishments. The duties and responsibilities of regulating these establishments are shared collaboratively with the City Clerk and the Environmental & Economic Development Departments. While the City Clerk’s office has always been the receiver and keeper of the applications, we work closely with the Environmental & Economic Development Department in the application and renewal process, and the handling of any issues that arise with license holders. Background At this time, Chapter 14, Article XVII of the city’s code of ordinances provides regulation of health and safety standards for establishments which conduct only tattoo procedures; the ordinance does not cover the broader industry of body art, which includes tattooing, body piercing, scarification and body modification such as tongue bifurcation (herein after referred to collectively as “body art”). MN State Statute 146B, effective January 2011, allows cities to regulate body art establishments if local ordinances are as restrictive, or more restrictive than state requirements; however, under this statute, the City can no longer regulate only tattoo establishments as it has in the past, but instead must regulate all body art establishments if it chooses to maintain the jurisdiction given by the State. Such establishments will be exempt from State licensure; although, the State will maintain its authority to license the individual technicians of each establishment. In addition to Statute 146B, staff has reviewed the current ordinance to provide changes to the city code and extend the city’s regulation beyond tattoo establishments, and to include body art establishments, as well. If the city moves forward with licensing body art establishments as a whole, one (1) additional, existing establishment will require licensure. Discussion Following are the highlights of the recommended ordinance amendments proposed by staff. The recommended changes below bring the ordinance to be as restrictive as MN Statute 146B: • All verbiage relating to tattoos, tattooing procedures and tattoo establishments has been changed to reflect body art, body art procedures and body art establishments, when appropriate. • The provisions of MN State Statute 146B are adopted by reference and are made a part of the article as if set out in full. All future amendments of the statute are adopted by reference as if they had been in existence at the time the article was adopted. H1 Packet Page Number 95 of 264 • Definitions are added, as they relate to body art establishments and procedures not addressed in current ordinance. • Body art establishments require an inspection by the environmental health officer, or other successor designated or authorized by the city council, before issuance of a license, and thereafter as frequently as deemed necessary to ensure that the standards required under the article are met. • The environmental health officer has the authority to enter a licensed premise to conduct an inspection; refusal to permit an inspection constitutes valid grounds for license denial or revocation. • Verbiage allowing tattoos on minors in the presence of, and with written consent from, parent or legal guardian has been removed. • Verbiage has been added to prohibit tattooing, nipple or genital piercing, branding, scarification, suspension, subdermal implantation, microdermal, or tongue bifurcation on any individual under the age of 18, regardless of parental or guardian consent. • Each licensed body art establishment must provide detailed information for each technician employed or performing body art procedures in the establishment, including but not limited to providing proof of individual licensure through the State. • Immediate temporary suspension may occur with the approval of the city manager for the violation of any section of the article if such violation constitutes an imminent public health hazard. The temporary suspension will be terminated upon inspection and verification by the environmental health officer that all violations have been corrected. • Temporary body art events must provide detailed information for each technician employed or performing procedures at the event, including but not limited to providing proof of individual licensure through the State. In addition, staff proposes the following additions to the ordinance, which are more restrictive than the state statute: • Prohibition of any person in the act of branding, implantation, suspension, or scarification of another person. Recommendation Staff recommends Council approve the first reading of the proposed amendments to Chapter 14, Article XVII to become as restrictive as or more restrictive than State Statute, and to include the regulation of body art establishments. Attachments 1. Amended Tattoo Establishment Ordinance H1 Packet Page Number 96 of 264 ARTICLE XVII. BODY ART TATTOO ESTABLISHMENTS Sec. 14-1330.50. Adoption of state law by reference The provisions of Minn. Stats. Ch. 146B are hereby adopted by reference and are made a part of this article as if set out in full. It is the intention of the council that all future amendments of Minn. Stats. Ch. 146B are hereby adopted by reference or referenced as if they had been in existence at the time this article was adopted. Minn. Stats. Ch. 146B is hereby modified by deleting the term "commissioner" and substituting the term "environmental health official" in place thereof, or other successor designated or authorized by the city council. Sec. 14-1330.55 City may be more restrictive than state law The council is authorized by the provisions of Minn. Stats. Ch. 146B, as it may be amended from time to time, to impose, and has imposed in this article, additional restrictions on body art establishments within its limits beyond those contained in Minn. Stats. Ch. 146B, as it may be amended from time to time. Sec. 14-1331. Purpose. The purpose of this article is to regulate the business of body art tattooing in order to protect the health and welfare of the general public. The city council finds that the experience of other cities indicates that there is a connection between body art tattooing and hepatitis and other health problems. The city council finds that stringent regulations governing body art tattooing can minimize the hepatitis and disease risk and therefore protect the general health and welfare of the community. Sec. 14-1332. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aftercare means written instructions given to a client, specific to the procedure rendered, on caring for the body art and surrounding area. These instructions must include information on when to seek medical treatment. Body art or body art procedures means physical body adornment using, but not limited to, tattooing and body piercing. Body art does not include practices and procedures that are performed by a licensed medical or dental professional if the procedure is within the professional's scope of practice. Body art establishment or Establishment means any structure or venue, whether permanent, temporary, or mobile, where body art is performed. Mobile establishments include vehicle-mounted units, either motorized or trailered, and readily moveable without dissembling and where body art procedures are regularly performed in more than one geographic location. Body piercing means the penetration or puncturing of the skin by any method for the purpose of inserting jewelry or other objects in or through the body. Body piercing also includes branding, scarification, suspension, subdermal implantation, microdermal, and tongue bifurcation. Body piercing does not include the piercing of the outer perimeter or the lobe of the ear using a presterilized single- use stud-and-clasp ear-piercing system. Branding. "Branding" means an indelible mark burned into the skin using instruments of thermal cautery, radio hyfrecation, and strike branding. Clean means the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. Guest artist means an individual who performs body art procedures according to the requirements under Minn. Stats. Ch.146B.04. Good repair means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good and sound condition. H1, Attachment 1 Packet Page Number 97 of 264 Issuing authority means the city clerk. Microdermal. "Microdermal" means a single-point perforation of any body part other than an earlobe for the purpose of inserting an anchor with a step either protruding from or flush with the skin. Micropigmentation or cosmetic tattooing means the use of tattoos for permanent makeup or to hide or neutralize skin discolorations. Scarification means an indelible mark fixed on the body by the production of scars. Subdermal implantation means the implantation of an object entirely below the dermis. Suspension means the suspension of the body from affixed hooks placed through temporary piercings. Tattooing means any method of placing indelible ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. Tattooing also includes micropigmentation and cosmetic tattooing. Technician or Body art technician means any individual who is licensed under Minn. Stats. Ch. 146B as a tattoo technician or as a body piercing technician or as both. Temporary body art event means any place or premise operating at a fixed location where an operator performs body art procedures for no more than 4 consecutive days in conjunction with a single event or celebration. Tongue bifurcation means the cutting of the tongue from the tip to the base, forking at the end. Tattooing means the marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin. Cross reference— Definitions generally, § 1-2. Sec. 14-1333. License required; exception. No person shall operate any establishment where tattooing body art is practiced nor engage in the practice of tattooing or body piercing without such establishment being licensed pursuant to this article. An establishment of a state-licensed physician who, within the scope of practice, engages in the practice of tattooing or body piercing or both shall be exempt from the license requirements. Sec. 14-1334. License application. Every application for a license under this article shall be made on a form supplied by the issuing authority and shall request the following information: (1) Individual applicants. If the applicant is a natural person: a. The name, place and date of birth, street residence address, and phone number of the applicant. b. Whether the applicant is a citizen of the United States, a resident alien, or is able to legally be employed in the United States. c. Whether the applicant has ever used or has been known by a name other than the applicant's name and, if so, the name used and information concerning dates and places where used. d. The name of the business if it is to be conducted under a designation, name, or style other than the name of the applicant and a certified copy of the certificate as required by Minn. Stats. § 333.01. H1, Attachment 1 Packet Page Number 98 of 264 e. The street addresses at which the applicant has lived during the preceding five years. f. The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five years and the names and addresses of the applicant's employers and partners, if any, for the preceding five years. g. Whether the applicant has ever been convicted of a felony, crime, or violation of any ordinance other than a petty misdemeanor. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. (2) Partnership applicants. If the applicant is a partnership: a. The names and addresses of all general and limited partners and all information concerning each general partner required in subsection (1) of this section. b. The names of the managing partners and the interest of each partner in the body art tattooing establishment. c. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name pursuant to Minn. Stats. § 333.01, a certified copy of such certificate shall be attached to the application. (3) Corporations and other associations. If the applicant is a corporation or other type of business association: a. The name of the corporation or business formed, and if incorporated the state of incorporation. b. A true copy of the certificate of incorporation. If the applicant is a foreign corporation, a certificate of authority as required by Minn. Stats. § 303.06 shall be attached to the application. c. The name of the managers, proprietors, or other agents in charge of the business and all information concerning each manager, proprietor, or agent required in subsection (1) of this section. (4) All applicants. For all applicants: a. Whether the applicant holds a current body art establishment tattooing license from any other governmental unit. b. Whether the applicant has previously been denied a body art establishment tattooing license from any other governmental unit. c. The location of the business premises and the legal description thereof. d. Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not paid the years and amounts that are unpaid. e. Establishment plan review is required for all new, remodeled, and altered establishments prior to commencement of construction. An establishment owner must submit an establishment plan to the issuing authority for approval of such plans and specifications. Plans and specifications shall be in sufficient detail so that an accurate and complete appraisal can be made as to compliance with all local building and zoning codes and Minn. Stats. Ch. 146B. Failure to submit a plan for approval may result in the closing down of operations until plans have been approved. Whenever the application is for premises either planned or under construction or undergoing substantial alterations, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the H1, Attachment 1 Packet Page Number 99 of 264 plans of design are on file with the inspection section, no plans need be submitted to the issuing authority. f. Verification of compliance with all applicable local and state codes. g. A description of the general nature of the business; and hf. Such other information the city council or the issuing authority may require. Sec. 14-1335. License fee. Upon the filing of an application for the issuance of a license under this article, the applicant must pay to the city clerk, in full, the amount of the license fee therefore as imposed, set, established and fixed by the city council by resolution from time to time. The city clerk must give the applicant a receipt for the payment. Sec. 14-1336. License application execution. All applications for a license under this article shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association, by the manager or managing officer thereof. Sec. 14-1337. License application verification, and consideration and inspection. (a) Verification. Applications for licenses under this article shall be submitted to the issuing authority. The issuing authority is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. (b) Consideration. Within a reasonable period of time after the completion of the license verification process by the issuing authority, the issuing authority shall accept or deny the license application in accordance with this article. If the application is denied, the issuing authority shall notify the applicant of the determination in writing. The notice shall be mailed by certified and regular mail to the applicant at the address provided in the application, and it shall inform the applicant of the applicant's right, within 20 days after receipt of the notice by the applicant, to request an appeal of the issuing authority's determination to the city council. If an appeal to the city council is timely received by the issuing authority, the hearing before the city council shall take place within a reasonable period of receipt of the appeal by the issuing authority. (c) Inspection. Before issuance of a license, and thereafter as frequently as deemed necessary to ensure that the standards required under this article are met. The environmental health officer shall have the authority to enter a premise to conduct an inspection of the body art establishment and a review of any records deemed necessary. Refusal to permit an inspection constitutes valid grounds for licensure denial or revocation. Sec. 14-1338. Persons ineligible for license. (a) Natural persons. No license required under this article shall be issued to an applicant who is a natural person if such applicant: (1) Is not 18 years of age or older on the date the license application is submitted to the issuing authority; (2) Has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stats. § 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minn. Stats. § 364.03, subd. 3; (3) Is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States; H1, Attachment 1 Packet Page Number 100 of 264 (4) Is not of good moral character or repute; (5) Knowingly falsifies or misrepresents information on the license application; (6) Owes taxes and assessments to the state, county, school district, or city that are due and delinquent; or (7) Is not the real party in interest in the business to be licensed. (b) Partnerships. No license required under this article shall be issued to a partnership if such partnership has any general partner or managing partner: (1) Who is not 18 years of age or older on the date the license application is submitted to the issuing authority; (2) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stats. § 364.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minn. Stats. § 364.03, subd. 3; (3) Who is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States; (4) Who is not of good moral character or repute; (5) Who knowingly falsifies or misrepresents information on the license application; (6) Who owes taxes and assessments to the state, county, school district, or city that are due and delinquent; or (7) Who is not the real party in interest in the business to be licensed. (c) Corporate or other organizations. No license required under this article shall be issued to a corporation or other organization if such applicant has any manager, proprietor, or agent in charge of the business to be licensed: (1) Who is not 18 years of age or older on the date the license application is submitted to the issuing authority; (2) Who has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stats. § 364.03, subd. 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minn. Stats. § 364.03, subd. 3; (3) Who is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States; (4) Who is not of good moral character or repute; (5) Who knowingly falsifies or misrepresents information on the license application; (6) Who owes taxes and assessments to the state, county, school district, or city that are due and delinquent; or (7) Who is not the real party in interest in the business to be licensed. Sec. 14-1339. Locations ineligible for a license. The following locations shall be ineligible for a license under this article: H1, Attachment 1 Packet Page Number 101 of 264 (1) Taxes due on property. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. If a suit has been commenced under Minn. Stats. §§ 278.01—278.13, questioning the amount of validity of taxes, the city council may on application waive strict compliance with this subsection. No waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due. (2) Improper zoning. No license shall be granted if the property is not properly zoned for body art tattooing establishments under chapter 44 unless the business is a legal, nonconforming use. (3) Premises licensed for alcoholic beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages pursuant to chapter 6 or is licensed as a sexually oriented business pursuant to this chapter. (4) Private Residence. A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters shall not be licensed as a body art establishment. Sec. 14-1340. License requirements. (a) No tattooing, nipple or genital piercing, branding, scarification, suspension, subdermal implantation, microdermal, or tongue bifurcation shall be performed by any technician on any individual under the age of eighteen (18) regardless of parental or guardian consent.Tattoos on minors. No person shall tattoo any person under the age of 18 except in the presence of and with the written permission of the parent or legal guardian of such minor. (b) Prohibition on license transfer. The license granted under this article is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without first complying with the requirements of an original application, except when an existing noncorporate licensee is incorporated and incorporation does not affect the ownership, control, and interest of the existing licensed establishment. (c) Hours of operation. A licensee under this article shall not be open for business for body art procedures tattooing before 7:00 a.m. nor after 11:00 p.m. (d) Licensed premises. The body art tattoo establishment license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the issuing authority. (e) Effect of license suspension or revocation. No person shall solicit business or offer to perform body art tattooing services while under license suspension or revocation by the city. (f) Maintenance of order. The licensee shall be responsible for the conduct of the business being operated and shall at all times maintain conditions of order. (g) Employee lists. The following information for each technician employed or performing body art procedures in the establishment: (1) name; (2) home address; (3) home telephone number; (4) date of birth; (5) copy of an identification photo; and (6) copy of current license as required by MN Stats. Ch. 146B.03 or current guest artist license as required by MN Stats. Ch. 146B.04 The licensee shall provide to the issuing authority a list of employees who perform tattooing at the licensed establishment and shall verify that each employee has received a copy of this article. H1, Attachment 1 Packet Page Number 102 of 264 (h) Liability insurance. All licensees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the state indicating that the licensee is currently covered in the body art tattoo business by a liability insurance policy. The minimum limits of coverage for such insurance shall be as follows: (1) Each claim, at least $200,000.00. (2) Each group of claims, at least $500,000.00. Such insurance shall be kept in force during the term of the license and shall provide for notification to the city prior to termination or cancellation. A certificate of insurance shall be filed with the city. (i) License verification and issuance. The police department is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. Within seven days of receipt of a complete application, the issuing authority shall grant or deny the application. An applicant who is denied a license by the issuing authority shall be granted a right to appeal to the city council. Sec. 14-1341. Health and sanitation restrictions. No person shall engage in the practice of body art tattooing at any place in the city without complying with the following: (1) Lavatory requirement. Every place where body art tattooing is practiced shall be equipped with an adequate and conveniently located toilet room and hand lavatory for the accommodation of employees and patrons. The hand lavatory shall be supplied with hot and cold running water under pressure, shall be maintained in good repair at all times, and shall be kept in a clean and sanitary condition. Toilet fixtures and seats shall be of a sanitary open-front design and readily cleanable. Easily cleanable, covered receptacles shall be provided for waste materials. Every lavatory facility shall be provided with an adequate supply of hand-cleansing compound and single-service sanitary towels or hand-drying devices. (2) Skin infection. No person having any skin infection or other diseases of the skin shall obtain body artbe tattooed. (3) Sterilization and disposal of biohazardous materials. All needles and razor blades shall be individually prepackaged, presterilized and disposable. No such equipment shall be used on more than one customer. All biohazardous waste shall be disposed of in accordance with law, and disposal procedures shall be approved by the environmental health officer. Sterilizing solutions and methods may be used for the purpose of sterilizing instruments other than needles and razor blades when such sterilizing solutions and methods are approved by the environmental health officer. (4) Skin preparation procedures. The following procedures shall be used for skin preparation: a. Each operator shall wash his hands thoroughly with soap and water and then dry them with a clean towel before and after each body art procedure tattooing. Operators with skin infections of the hand shall not perform any body art tattooing services. b. Whenever it is necessary to shave the skin, prepackaged, pre-sterilized, disposable, razor blades shall be used. c. The skin area receiving a body art procedure to be tattooed shall be thoroughly cleaned with germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic solution approved by the environmental health officer. Only single-service towels and wipes shall be used in the skin cleaning process. H1, Attachment 1 Packet Page Number 103 of 264 (5) Operating furniture. All tables, chairs, furniture, or areas on which a patron receives a tattoo body art shall be covered by single-service disposable paper or clean linens, or in the alternative the table, chair, or furniture on which the patron receives body art a tattoo shall be impervious to moisture and shall be properly sanitized after each body art proceduretattoo. (6) Towels. Every operator shall provide single-service towels or wipes for each customer or person, and such towels or wipes shall be stored and disposed of in a manner acceptable to the environmental health officer. (7) Garments of operator. Every operator shall wear clean, washable garments when engaged in the practice of body art tattooing. If garments are contaminated with blood or body fluids, such garments shall be removed and changed. (8) Pigments. Pigments used in tattooing shall be sterile and free from bacteria and noxious agents and substances including mercury. The pigments used from stock solutions for each customer shall be placed in a single-service receptacle, and such receptacle and remaining solution shall be discarded after use on each customer in accordance with procedures approved by the environmental health officer. (9) Minimum floor space. There shall not be less than 150 square feet of floor space at the place where the practice of tattooing body art is conducted, and such place shall be so lighted and ventilated as to comply with the standards approved by the environmental health officer. (10) Influence of alcohol and drugs. No person shall practice body art tattooing while under the influence of alcoholic beverages or illicit drugs. No customer shall be tattooedreceive a body art procedure while under the influence of alcoholic beverages or illicit drugs. (11) Aftercare. A technician shall provide each client with verbal and written instructions for the care of the tattooed or pierced site upon the completion of the procedure. The written instructions must advise the client of the difference between normal skin or tissue irritation and infection and to consult a health care professional upon indication of infection of the skin or tissue. Written instructions. The operator shall provide the person tattooed with printed instructions on the approved care of the tattoo during the healing process. (12) Living quarters. No place licensed as a tattoo establishment shall be used or occupied as living or sleeping quarters. Sec. 14-1342. Sanctions for license violations. (a) Suspension or revocation. The city manager, at the recommendation of the issuing authority, may suspend or revoke a license issued pursuant to this article for a violation of the following: (1) Fraud, misrepresentation, or false statement contained in a license application or a renewal application. (2) Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. (3) Any violation of this article or state law. (4) A licensee's criminal conviction that is directly related to the occupation or business licensed as defined by Minn. Stats. § 364.03, subd. 2, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minn. Stats. § 364.03, subd. 3. (5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. H1, Attachment 1 Packet Page Number 104 of 264 (b) Notice and hearing. A revocation or suspension by the city manager shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight days' notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular and certified mail to the licensee at the most recent address listed on the license application. Sec. 14-1343. Temporary Suspension The health authority, with the approval of the city manager, shall immediately suspend the license of any body art establishment for the violation of any section of this article if such violation constitutes an imminent public health hazard. Upon notification by the health authority of a temporary suspension of the license by posting of this report at the time of the inspection, the licensee shall forthwith cease operation. Upon notification in writing by the licensee to the health authority that all violations have been corrected, for which temporary suspension was invoked, the health authority shall re-inspect the body art establishment within a reasonable length of time. If all violations constituting the ground for the temporary suspension have been corrected, the health authority shall forthwith terminate the suspension. Sec. 14-13443. Issuance of temporary body art tattooing event license. (a) Requirements. The city council may issue a temporary body art tattooing event license, provided that the following license requirements are met: (1) Duration of event. The event is no longer than four continuous days. (2) Number of events. The same person or organization has had no more than four body art tattooing events in the same calendar year. (3) Security measures. The chief of police has approved the security measures for the event. (4) Health inspection. The environmental health officer has reviewed the health and sanitation measures for the event and has inspected each vendor space for the event. (5) Liability insurance. Liability insurance has been obtained to cover the event or in the alternative each vendor has procured insurance to cover the vendor's operations at the event. The minimum limits of coverage for such insurance shall be as follows: a. Each claim, at least $200,000.00. b. Each group of claims, at least $500,000.00. A certificate of insurance shall be filed with the city clerk. (6) Hours of operation. No body art procedures tattooing can take place before 7:00 a.m. nor after 11:00 p.m. (7) Maintenance of order. The licensee shall be responsible for the conduct of persons during the event and shall at all times maintain conditions of order. (8) Toilet rooms. The event shall take place at a location equipped with adequate and conveniently located toilet rooms and hand lavatories for the accommodation of employees and patrons. The hand lavatory shall be supplied with hot and cold running water under pressure, shall be maintained in good repair at all times, and shall be kept in a clean and sanitary condition. Toilet fixtures and seats shall be of a sanitary open-front design and readily cleanable. Easily cleanable, covered receptacles shall be provided for waste materials. Every lavatory facility shall be provided with an adequate supply of hand-cleansing compound and single-service sanitary towels or hand-drying devices. H1, Attachment 1 Packet Page Number 105 of 264 (9) Skin infections. No person having any skin infection or other disease of the skin shall receive a body art procedure be tattooed during the event. (10) Sterilization and disposal of biohazardous materials. All needles and razor blades shall be individually prepackaged, presterilized and disposable. No such equipment shall be used on more than one customer. All biohazardous waste shall be disposed of in accordance with law, and disposal procedures shall be approved by the health officer. Sterilizing solutions may be used for the purpose of sterilizing instruments other than needles and razor blades when such sterilizing solutions are approved by the environmental health officer. (11) Skin preparation procedures. The following procedures shall be used for skin preparation: a. Each operator shall wash his hands thoroughly with soap and water and then dry them with a clean towel before and after each body art procedure tattooing. Operators with skin infections of the hand shall not perform any body art procedures tattooing services. b. Whenever it is necessary to shave the skin, prepackaged, presterilized, disposable, razor blades shall be used. c. The skin area receiving a body art procedure to be tattooed shall be thoroughly cleaned with germicidal soap, rinsed thoroughly with water, and sterilized with an antiseptic solution approved by the environmental health officer. Only single-service towels and wipes shall be used in the skin cleaning process. (12) Garments of operator. Each operator at the event shall wear clean, washable garments when engaged in the practice of body art tattooing. If garments are contaminated with blood or body fluids, such garments shall be removed and changed. (13) Pigments. Pigments used in tattooing during the event shall be sterile and free from bacteria and noxious agents and substances including mercury. The pigments used from stock solutions for each customer shall be placed in a single-service receptacle, and such receptacle and remaining solution shall be discarded after use on each customer in accordance with procedures approved by the environmental health officer. (14) Influence of alcohol and drugs. No person shall practice body art tattooing while under the influence of alcoholic beverages or illicit drugs. No customer shall receive a body art procedure be tattooed during the event while under the influence of alcoholic beverages or illicit drugs. (15) Aftercare. A technician shall provide each client with verbal and written instructions for the care of the tattooed or pierced site upon the completion of the procedure. The written instructions must advise the client of the difference between normal skin or tissue irritation and infection and to consult a health care professional upon indication of infection of the skin or tissue Written instructions. Each operator at the event shall provide the person tattooed with printed instructions on the approved care of the tattoo during the healing process. (16) No tattooing, nipple or genital piercing, branding, scarification, suspension, subdermal implantation, microdermal, or tongue bifurcation shall be performed by any technician on any individual under the age of eighteen (18) regardless of parental or guardian consent.Tattoos on minors. No person shall tattoo any person under the age of 18 except in the presence and with the written permission of the parent or legal guardian of such minor. (b) Application. The temporary license application issued by the city clerk shall request the following information: (1) The applicant's name and current address. (2) The applicant's current employer. (3) The applicant's addresses for the previous five years. H1, Attachment 1 Packet Page Number 106 of 264 (4) The applicant's date of birth, home telephone number, weight, height, color of eyes, and color of hair. (5) Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than a petty misdemeanor and, if so, the time, place, and offense for which convictions were had. (6) Whether the applicant has ever used or been known by a name other than the applicant's name and, if so, the name and information concerning dates and places where used. (7) The location where the event will be conducted. (8) The number of body art tattoo booths that will be operational at the event. (9) The names and addresses of persons in charge of the event. (10) Employee lists. The following information for each technician employed or performing body art procedures at the event: (i) name; (ii) home address; (iii) home telephone number; (iv) date of birth; (v) copy of an identification photo; and (vi) copy of current license as required by MN Stats. Ch. 146B.03 or current guest artist license as required by MN Stats. Ch. 146B.04 (c) License verification and issuance. The police department is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. Within seven days of receipt of a complete application, the issuing authority shall grant or deny the application. An applicant who is denied a license by the issuing authority shall be granted a right to appeal to the city council. Sec. 14-13454. Penalty. A violation of this article shall be a misdemeanor and, upon conviction, shall be punishable in accordance with section 1-15. Secs. 14-13465—14-1370. Reserved. H1, Attachment 1 Packet Page Number 107 of 264 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Tom Ekstrand, Senior Planner DATE: July 2, 2014 SUBJECT: Approval of Warehousing in Business Commercial Districts by Conditional Use Permit Ordinance Amendment—Second Reading Introduction Previously Last year U-Haul, located at 2242 White Bear Avenue, requested a code amendment to allow indoor warehousing in a BC (business commercial) district. Their plan was to purchase the neighboring Goodwill Store property and expand their business to that site. They planned to use the building for indoor storage. On August 20, 2013, the planning commission recommended that the city council adopt this code amendment. The planning commission also expressed their support of a variance from the 350-foot spacing requirement for U-Haul to park trucks and trailers on the former Goodwill Store parking lot. On September 9, 2013, the city council considered this request and took no action on the proposed ordinance amendment. By taking no-action, no change occurred and the ordinance remained the same, which does not allow indoor storage or warehousing in BC districts. Recent Council Decision On June 9, 2014, the city council gave first reading to this ordinance amendment to approve the change. Procedurally, the council must hold a second reading and a public hearing to finalize this ordinance amendment. Request U-Haul is requesting again that the city council amend the zoning ordinance to allow indoor warehousing in a BC district so they can expand their business to the former Goodwill Store site. Refer to the letter from Christopher Bohlman of Amerco Real Estate Company. Background Sections 44-511 (permitted uses) and 44-512 (conditional uses), in the BC District regulations, do not permit warehousing. Since “warehousing” is not mentioned it is not allowed. H2 Packet Page Number 108 of 264 Warehouses are allowed in the M1 (light manufacturing) district, indicating that it was clearly the intent of the code to allow warehousing in those areas but not in other zoning districts. Discussion Code Amendment to Allow Warehousing by CUP The BC ordinance already allows “exterior storage” by a CUP as follows: “the exterior storage, display, sale or distribution of goods or materials, but not including a junkyard, salvage automobile, or other wrecking yard. The city may require screening of such uses pursuant to the screening requirements of subsection (6.a.) of this section.” Staff does not see a problem with the applicant’s request to amend the ordinance for indoor storage or warehousing by CUP, since the code already allows exterior storage by CUP. It should be understood, though, that the city has land zoned BC in some highly visible locations that would not be appropriate for warehousing, such as the Maplewood Mall area as an example. If the council amends the ordinance to allow warehousing by CUP, this would permit warehouses by CUP in any BC district, not just the former Goodwill site. Findings to Approve a CUP The zoning ordinance requires that the city council determine that all nine “standards” for CUP approval be met to allow a CUP. Therefore, to approve a CUP for warehousing, the council would need to determine that a proposed warehouse would: • Comply with the city’s comprehensive plan and zoning code. • Maintain the existing or planned character of the neighborhood. • Not depreciate property values. • Not cause any disturbance or nuisance. • Not cause excessive traffic. • Be served by adequate public facilities and police/fire protection. • Not create excessive additional costs for public services. • Maximize and preserve the site’s natural and scenic features. • Not cause adverse environmental effects. Truck and Trailer Rental on the Former Goodwill Site Section 44-512(5), under conditional uses, states the following: (5) For motor vehicles, the following activities (allowed conditionally), if not within 350 feet of any property that the city is planning for residential use: a. The sale or leasing of used motor vehicles. b. The storage or rental of motor vehicles. The important point in this ordinance is that vehicle sale, storage or rental activities must be at least 350 feet from property planned for residential use. The former Goodwill site is directly next to (north of) the townhomes to the south and is 170 feet from the residential land across Van Dyke Street. H2 Packet Page Number 109 of 264 Amending the ordinance to allow indoor storage activities by CUP would not allow U-Haul the full use of the Goodwill property since code prohibits vehicle rentals closer than 350 feet to residential property. The applicant would have to apply for a variance from the 350-foot setback requirements from residential property to expand their rental activities to this site. Summary If the city council agrees with this proposed ordinance amendment, the process would require that the applicant submit a CUP application for warehousing in the former Goodwill building. The applicant would also need to apply for a variance to park rental trucks and trailers within 350 feet of the nearby and abutting residential properties. Even though the planning commission supported a setback variance for rental vehicle parking, the community design review board, planning commission and finally the city council would need to review these requests. Staff would study the need for screening at that time when considering warehousing and a reduced parking setback. Commission Actions On August 20, 2013, the planning commission recommended that the city council adopt this code amendment. The planning commission also expressed their support of a variance from the 350-foot spacing requirement for U-Haul to park trucks and trailers on the former Goodwill Store parking lot. Budget Impact None Recommendation Adopt the ordinance amendment to Section 44-512(4) to allow warehousing in BC (business commercial) districts by conditional use permit. Attachments 1. Ordinance Amendment to Section 44-512 2. Zoning Map U-Haul/Goodwill Area 3. Land Use Plan Map of U-Haul/Goodwill Area 4. Aerial Photo 5. BC Zoning Ordinance 6. Letter from Christopher Bohlman dated April 21, 2014 7. Certificate of Survey 8. Planning Commission Minutes dated August 20, 2013 p:\ ORD\Warehousing in BC Districts\Code Amendment Report for Warehousing in BC Districts CC Report Second Reading 7 14 te H2 Packet Page Number 110 of 264 ORDINANCE NO. ___ AN ORDINANCE AMENDMENT TO ALLOW WAREHOUSING IN BC (BUSINESS COMMERCIAL) ZONINING DISTRICTS BY CONDITIONAL USE PERMIT The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined.) Section 1. Section 44-512(4) of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 44-512. Conditional Uses. In a BC business commercial district, the following uses must have a conditional use permit: (4) Interior storage or warehouses, the exterior storage, display, sale or distribution of goods or materials, but not including a junkyard, salvage automobile, or wrecking yard. The city may require screening of such uses pursuant to the screening requirements of subsection (6.a.) of this section. Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on ___________. _________________ Mayor Attest: ______________________ City Clerk H2, Attachment 1 Packet Page Number 111 of 264 H2, Attachment 2 Packet Page Number 112 of 264 H2, Attachment 3 Packet Page Number 113 of 264 H2, Attachment 4 Packet Page Number 114 of 264 H2, Attachment 5 Packet Page Number 115 of 264 H2, Attachment 5 Packet Page Number 116 of 264 H2, Attachment 6 Packet Page Number 117 of 264 H2, Attachment 6 Packet Page Number 118 of 264 H2, Attachment 6 Packet Page Number 119 of 264 H2, Attachment 7 Packet Page Number 120 of 264 August 20, 2013 Planning Commission Meeting Minutes 1 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 20, 2013 6. NEW BUSINESS a. Ordinance Amendment for Warehousing in BC (business commercial) districts. i. Senior Planner, Tom Ekstrand gave the report and answered questions of the commission. ii. President U-Haul, Bill Piette, 9890 Highway 65, Blaine, addressed and answered questions of the commission. Commissioner Trippler moved to approve the resolution amending Section 44-512 (4) to allow warehousing in BC (business commercial) districts by conditional use permit. Seconded by Commissioner Kempe. Ayes - All The motion passed. Commissioner Donofrio moved that the commission is in support of the parking variance as discussed at the August 20, 2013, Planning Commission meeting. Seconded by Commissioner Trippler. Ayes – All The motion passed. This item goes to the city council September 9, 2013. H2, Attachment 8 Packet Page Number 121 of 264 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 122 of 264 I1 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Gayle Bauman, Finance Director DATE: July 3, 2014 SUBJECT: Approve Resolutions Awarding Bond Sale – General Obligation Bonds 2014A and 2014B Introduction On June 9, 2014, the Council gave preliminary approval for the sale of $7,905,000 of General Obligation Bonds, Series 2014A and $1,290,000 of General Obligation Tax Abatement Refunding Bonds, Series 2014B. The bids on these bonds are scheduled to be opened on Monday, July 14, 2014. Bonds need to be issued to finance the following: • CIP bonds totaling $2,865,000 are planned to cover construction costs associated with the new Fire Station on the 3M campus. This project is already underway. • TIF bonds totaling $1,125,000 are also planned to cover site work associated with the new Fire Station on the 3M campus. • One public works project – Improvement bonds totaling $3,300,000 will be used to finance the Arkwright/Sunrise Area Street Improvements which has special assessments that total at least 20% of the project costs. • Equipment certificates will be issued in the amount of $615,000 to cover the cost of the new HVAC unit needed to service the aquatic area at the Community Center. • Refunding bonds totaling $1,290,000 will be used to refund maturities of the City’s G.O. Tax Abatement Bonds, Series 2004C. The City will also be contributing $700,000 of cash on hand towards this refunding. With regard to the refunding bonds, crossover refunding bonds are proposed to be issued to refund G.O. Tax Abatement Bonds 2004C with an outstanding amount of $2,695,000 and maturities through 2020. The estimated net present value (NPV) of savings to the City for this issue is $117,315 or over 5.6% of the principal amount of the refunding bonds. Please note that the NPV benefit shown is an estimate and is variable based on the actual true interest cost of the refunding bonds as determined at the sale date. City policy states that any refunding, whether advanced or current, needs to have a NPV benefit of at least 3.5%. The bid award is scheduled for 7:00 p.m. at the regular Council meeting on Monday, July 14, 2014. A recommendation regarding the bid award will be made by a representative of Springsted Incorporated. At that time, resolutions for the bonds issued will need to be adopted to award the bids. Draft copies of the resolutions are attached. Packet Page Number 123 of 264 I1 Budget Impact Estimated net present value of savings to the City for the refunding bonds is $117,315. Recommendation Staff recommends approval of the resolutions pending a favorable recommendation from Springsted, Incorporated. Attachments 1. Resolution for Series 2014A bonds 2. Resolution for Series 2014B bonds Packet Page Number 124 of 264 6317162v1 I1 , Attachment 1 1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: July 14, 2014 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on July 14, 2014, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive negotiated sale of $7,905,000 General Obligation Bonds, Series 2014A. The following members were present: and the following were absent: In accordance with the resolution adopted by the City Council on June 9, 2014, the City Clerk presented proposals on $7,905,000 General Obligation Bonds, Series 2014A, which were received and tabulated at the offices of Springsted Incorporated on this same day: Bidder Interest Rate Trust Interest Cost SEE ATTACHED The Council then proceeded to consider and discuss the proposals, after which member ____________ introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $7,905,000 GENERAL OBLIGATION BONDS, SERIES 2014A, PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF AND PROVIDING FOR THEIR ISSUANCE A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") has heretofore determined and declared that it is necessary and expedient to issue $7,905,000 General Obligation Bonds, Series 2014A (the "Bonds" or individually a "Bond"), pursuant to Minnesota Statutes, Chapter 475 and: 1. Chapter 429, to finance the construction of various street improvement projects within the City (the "Improvements"), in the amount of $_____________ (the "Improvement Portion of the Bonds"). The Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and 2. Section 412.301 to finance the purchase of capital equipment (the "Equipment"), in the amount of $__________ (the "Equipment Portion of the Bonds"). Each item of Equipment to be financed by the Equipment Portion of the Bonds has an expected useful life at least as long as the term of the Equipment Portion of the Bonds. The principal amount of the Equipment Portion of the Bonds does not exceed one-quarter of one percent (0.25%) of the market value of the taxable property in the City ($______________ times 0.25% is $___________); and Packet Page Number 125 of 264 6317162v1 I1 , Attachment 1 2 3. Section 475.521 to finance improvements outlined in the City’s Capital Improvement Plan (the “CIP Improvements”) in the amount of $_____________ (the "CIP Portion of the Bonds”). The City held a public hearing on ______, 20__, on the proposed issuance of general obligation capital improvement plan bonds and, pursuant to a resolution approved and adopted the 20__ through 20__ Five-Year Capital Improvement Plan (the "CIP Plan"), and approved the issuance of general obligation capital improvement plan bonds to finance a public safety facility described in the Plan (the “CIP Project"); and 4. Chapter 469 to finance certain capital and administration costs, consisting of public improvements outlined in the City’s tax increment financing plan (the “TIF Plan”)in the amount of $________(the “TIF Portion of the Bonds”); and B. WHEREAS, no petition signed by voters equal to five percent of the votes cast in the City in the last general election requesting a vote on the issuance of the general obligation capital improvement plan bonds has been filed with the Clerk within thirty days after the public hearing on the CIP Plan and on the issuance of the general obligation capital improvement plan bonds; and the City has heretofore determined, in accordance with Minnesota Statutes, Section 475.521, Subd. 4, that the principal and interest to become due in any year on the CIP Portion of the Bonds, will be less than 0.16 percent of the taxable market value of property in the City; and other than the Bonds and the Prior Bonds, there are no other bonds issued by the City under Minnesota Statutes, Section 475.521; and C. WHEREAS, the City has heretofore established Municipal Development District No. 1 (the "Development District") pursuant to the provisions of Minnesota Statutes, Sections 469.124 through 469.134, and has approved a Development Program (the "Program") with respect to the Development District; and D. WHEREAS, the Council has also heretofore established Tax Increment Financing (Redevelopment) District No. 1-12 as a redevelopment district within the Development District (the "Tax Increment District") under the provisions of Minnesota Statutes, Sections 469.174 through 469.179 and has approved the tax increment financing plan (the "TIF Plan") with respect to the Tax Increment District; and E. WHEREAS, pursuant to the provisions of the Program and TIF Plan, funds are to be expended within the Development District to provide funds to finance certain capital and administration costs, consisting of public improvements within the Tax Increment District as set forth in the TIF Plan (the "TIF Project") and tax increments derived from the Tax Increment District (the "Tax Increments") will be used to pay for the TIF Project; and F. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of ______________________________ (the "Purchaser"), to purchase the Bonds, in accordance with the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of Packet Page Number 126 of 264 6317162v1 I1 , Attachment 1 3 $__________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated August 1, 2014, as the date of original issue and shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation. The Improvement Portion of the Bonds, being the aggregate principal amount of $_____________, maturing in each of the years and amounts hereinafter set forth, is issued to finance the Improvements. The Equipment Portion of the Bonds, being the aggregate principal amount of $___________, maturing in each of the years and amounts hereinafter set forth, is issued to finance the Equipment. The CIP Portion of the Bonds, being the aggregate principal amount of $_____________, maturing in each of the years and amounts hereinafter set forth, is issued to finance the CIP Improvements. The TIF Portion of the Bonds, being the aggregate principal amount of $_____________, maturing in each of the years and amounts hereinafter set forth, is issued to finance the TIF Project. Packet Page Number 127 of 264 6317162v1 I1 , Attachment 1 4 Year Improvement Portion Equipment Portion CIP Portion TIF Portion Total 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to any of the portions of debt service in such amounts as the City shall determine. If the source of a prepayment is special assessments pledged to the Improvements, the prepayment shall be allocated to the Improvement Portion of debt service. If the source of prepayment is tax increment revenues pledged to the TIF Project, the prepayment shall be allocated to the TIF Portion of debt service. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. Packet Page Number 128 of 264 6317162v1 I1 , Attachment 1 5 (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Packet Page Number 129 of 264 6317162v1 I1 , Attachment 1 6 Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (d) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the Packet Page Number 130 of 264 6317162v1 I1 , Attachment 1 7 functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Improvement Portion of the Bonds shall provide funds to finance the Improvements. The Equipment Portion of the Bonds shall provide funds to finance acquisition and installation of the Equipment. The CIP Portion of the Bonds shall provide funds to finance the CIP Improvements. The TIF Portion of the Bonds shall provide funds to finance the TIF Project. The Improvements, the Equipment, the CIP Improvements and the TIF Project are herein referred to together as the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2015, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Packet Page Number 131 of 264 6317162v1 I1 , Attachment 1 8 Maturity Year Interest Rate Maturity Year Interest Rate 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 5. Redemption. All Bonds maturing on February 1, 2023 and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1, 2022, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. Packet Page Number 132 of 264 6317162v1 I1 , Attachment 1 9 The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: Packet Page Number 133 of 264 6317162v1 I1 , Attachment 1 10 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_______ $_________ GENERAL OBLIGATION BOND, SERIES 2014A Interest Rate Maturity Date Date of Original Issue CUSIP February 1, August 1, 2014 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2015, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer, acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Packet Page Number 134 of 264 6317162v1 I1 , Attachment 1 11 Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2023, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2022, and on any date thereafter at a price of par plus accrued interest. Redemption may b e in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $7,905,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on July 14, 2014 (the "Resolution"), for the purpose of providing money to finance various projects within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Bonds, Series 2014A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the Packet Page Number 135 of 264 6317162v1 I1 , Attachment 1 12 principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Packet Page Number 136 of 264 6317162v1 I1 , Attachment 1 13 Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. Bank National Association St. Paul, Minnesota, Bond Registrar By: Authorized Signature Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile City Clerk Packet Page Number 137 of 264 6317162v1 I1 , Attachment 1 14 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - ___________ as custodian for ______________ (Cust) (Minor) under the _____________________ Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ___________________________________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________________________________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:_____________________ ___________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ (Include information for all joint owners if the Bond is held by joint account.) Packet Page Number 138 of 264 6317162v1 I1 , Attachment 1 15 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Date Amount Authorized signature of Holder Packet Page Number 139 of 264 6317162v1 I1 , Attachment 1 16 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and City Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is August 1, 2014. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever Packet Page Number 140 of 264 6317162v1 I1 , Attachment 1 17 any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The City Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. Packet Page Number 141 of 264 6317162v1 I1 , Attachment 1 18 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby established a special fund to be designated "General Obligation Bonds, Series 2014A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds, less any accrued interest, less any amount paid for the Bonds in excess of the minimum bid and less capitalized interest. From the Capital Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes, tax increments or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Project there shall remain any unexpended balance (other than any special assessments) in the Capital Account, the balance shall be transferred to the Debt Service Account or in the case of the bond proceeds attributable to the Improvement Portion the fund of any other improvement instituted pursuant to Minnesota Statutes Chapter 429, and provided further that any special assessments credited to the Capital Account shall only be applied toward payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.1, Subdivision 1. (b) Debt Service Account. There shall be maintained four separate subaccounts in the Debt Service Account to be designated the "Improvements Debt Service Subaccount", the "Equipment Debt Service Subaccount", the “CIP Debt Service Subaccount” and the “TIF Debt Service Subaccount”. There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) Improvements Debt Service Subaccount. To the Improvements Debt Service Subaccount there shall be credited: (A) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Capital Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (B) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (C) a pro rata share of all accrued interest received upon delivery of the Bonds; (D) capitalized interest in the amount of $________; (E) any collections of all taxes herein or hereafter be levied for the payment of the Packet Page Number 142 of 264 6317162v1 I1 , Attachment 1 19 Improvements Portion of the Bonds and interest thereon; (F) a pro rata share of all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (G) all investment earnings on funds held in the Improvements Debt Service Subaccount; and (H) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvements Debt Service Subaccount. The Improvements Debt Service Subaccount shall be used solely to pay the principal and interest and any premium for redemption of the Improvement Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law (ii) Equipment Debt Service Subaccount. To the Equipment Debt Service Subaccount there shall be credited: (A) all taxes herein and hereafter levied for the payment of the Equipment Portion of the Bonds; (B) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (C) a pro rata share of all accrued interest received upon delivery of the Bonds; (D) a pro rata share of all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (E) all investment earnings on funds held in the Equipment Debt Service Subaccount; and (F) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Equipment Debt Service Subaccount. The Equipment Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Equipment Portion of the Bonds. (iii) CIP Debt Service Subaccount. To the CIP Debt Service Subaccount there shall be credited: (A) all taxes herein and hereafter levied for the payment of the CIP Portion of the Bonds; (B) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (C) a pro rata share of all accrued interest received upon delivery of the Bonds; (D) a pro rata share of all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (E) all investment earnings on funds held in the CIP Debt Service Subaccount; and (F) any and all other moneys which are properly available and are appropriated by the governing body of the City to the CIP Debt Service Subaccount. The CIP Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the CIP Portion of the Bonds. (iv) TIF Debt Service Subaccount. To the TIF Debt Service Subaccount there shall be credited: (A) all taxes herein and hereafter levied for the payment of the TIF Portion of the Bonds; (B)Tax Increments, in an amount sufficient, together with other sums herein pledged, to pay the annual principal and interest payments on the TIF Portion of the Bonds; (C) a pro rata share of any amount paid for the Bonds in excess of the minimum bid; (D) a pro rata share of all accrued interest received upon delivery of the Bonds; (E) a pro rata share of all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (F) all investment earnings on funds held in the TIF Debt Service Subaccount; and (G) any and all other moneys which are properly available and Packet Page Number 143 of 264 6317162v1 I1 , Attachment 1 20 are appropriated by the governing body of the City to the TIF Debt Service Subaccount. The TIF Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the TIF Portion of the Bonds. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenants Relating to the Improvement Portion of the Bonds. (a) Special Assessments. It is hereby determined that no less than twenty percent of the cost to the City of each Improvement financed by the Improvement Portion of the Bonds within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement by the Improvement Portion of the Bonds unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of the special assessments, and in the event that any special assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City, either in the making of the special assessments or in the performance of any condition precedent thereto, the City will forthwith do all further acts and take all further proceedings as may be required by law to make the special assessments valid and binding liens upon the properties. The special assessments have heretofore been authorized. Subject to such adjustments as are required by the conditions in existence at the time the special assessments are levied, it is hereby determined that the special assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all special assessments at a rate of _____% per annum, as set forth opposite the years specified below: Packet Page Number 144 of 264 6317162v1 I1 , Attachment 1 21 Improvement Designation Levy Years Collection Years Amount See attached schedule $_________ At the time the special assessments are in fact levied the City Council shall, based on the then current estimated collections of the special assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Improvement Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Levy Years Collection Years Amount See attached schedule (Improvement Portion) The tax levies are such that if collected in full they, together with estimated collections of special assessments and other revenues herein pledged for the payment of the Improvement Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Improvement Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the tax levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. (c) Covenants Relating to the Equipment Portion of the Bonds. To provide moneys for payment of the principal and interest on the Equipment Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amount See attached levy schedule (Equipment Portion) The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Equipment Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Equipment Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Equipment Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Packet Page Number 145 of 264 6317162v1 I1 , Attachment 1 22 (d) Covenants Relating to the CIP Portion of the Bonds. To provide moneys for payment of the principal and interest on the CIP Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amount See attached levy schedule (CIP Portion) The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the CIP Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the CIP Portion of the Bonds. The tax levies shall be irrepealable so long as any of the CIP Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. (e) Covenants Relating to the TIF Portion of the Bonds. Original Net Tax Capacity; Tax Increments; Use of Tax Increments. The County Auditor of Ramsey County has certified the original net tax capacity of property in the Tax Increment District. The County Auditor shall determine in each year if the then current net tax capacity of property in the Tax Increment District exceeds the original net tax capacity, and shall calculate, in the manner provided in Minnesota Statutes, Section 469.177, Subdivision 3, the captured net tax capacity (as defined therein) attributable to the Tax Increment District. The City hereby determines to retain 100% of the captured tax capacity for purposes of tax increment financing. The County Auditor shall, in each such year, compute the local tax rate to be extended against the captured net tax capacity in the manner provided in Minnesota Statutes, Section 469.177, Subdivision 3, and the tax generated thereby shall constitute the Tax Increments for the year in which it is received. The County Auditor will remit to the City the Tax Increments so received. The City hereby appropriates the Tax Increments to the TIF Debt Service Subaccount, which appropriation shall continue until all of the TIF Portion of the Bonds and any additional bonds payable from the TIF Debt Service Subaccount, are paid or discharged. Future Tax Levies. In the event that it is anticipated that the aggregate of Tax Increments and any other funds appropriated to and then held in the TIF Debt Service Subaccount and the estimated collections of Tax Increments to be received in the next succeeding year will not be sufficient to pay the principal and interest on the TIF Portion of the Bonds to become due in the first calendar year thereafter and the first six months of the succeeding calendar year, the City Council shall pass a resolution requesting the County Auditor of Ramsey County to levy an ad valorem tax in an amount as is necessary, together with the aforementioned funds then held in the TIF Debt Service Subaccount and said estimated collections of Tax Increments to pay the principal and interest on the TIF Portion of the Bonds to become due during said period. Packet Page Number 146 of 264 6317162v1 I1 , Attachment 1 23 Reservation of Rights. Notwithstanding any provisions herein to the contrary, the City reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments herein pledged to the payment of the TIF Portion of the Bonds and interest thereon to the extent and in the manner permitted by law. Coverage Test. The Tax Increments herein pledged for the payment of the TIF Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the TIF Portion of the Bonds. 17. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: Packet Page Number 147 of 264 6317162v1 I1 , Attachment 1 24 (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. Packet Page Number 148 of 264 6317162v1 I1 , Attachment 1 25 (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such amendment. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed in the office of the County Auditor of Ramsey County, together with such other information as the County Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the Bond Register and the tax levies required by law have been made. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax-Exempt Status of the Bonds; Rebate; Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18-month expenditure exemption Packet Page Number 149 of 264 6317162v1 I1 , Attachment 1 26 for gross proceeds of the Bonds as provided in Section 1.148-7(d)(1) of the Regulations. The Mayor, the Clerk or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 25. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2014 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2014 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Beaton and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: _____________________; and the following voted against the same: ______________. Whereupon the resolution was declared duly passed and adopted. Packet Page Number 150 of 264 6317162v1 I1 , Attachment 1 27 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $7,905,000 General Obligation Bonds, Series 2014A. WITNESS my hand on July 14, 2014. ________________________________ Clerk Packet Page Number 151 of 264 6318048v1 I1 , Attachment 2 1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MAPLEWOOD, MINNESOTA HELD: July 14, 2014 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on July 14, 2014, at 7:00 P.M., for the purpose, in part, of considering proposals and awarding the competitive negotiated sale of $1,290,000 General Obligation Tax Abatement Refunding Bonds, Series 2014B. The following members were present: and the following were absent: In accordance with the resolution adopted by the City Council on June 9, 2014, the City Clerk presented proposals on $1,290,000 General Obligation Tax Abatement Refunding Bonds, Series 2014B, which were received and tabulated at the offices of Springsted Incorporated on this same day: Bidder Interest Rate Trust Interest Cost SEE ATTACHED The Council then proceeded to consider and discuss the proposals, after which member ____________ introduced the following resolution and moved its adoption: RESOLUTION NO. ______ RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $1,290,000 GENERAL OBLIGATION TAX ABATEMENT REFUNDING BONDS, SERIES 2014B, PLEDGING FOR THE SECURITY THEREOF TAX ABATEMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to provide moneys for a crossover advance refunding of the City's $5,025,000 original principal amount of General Obligation Tax Abatement Bonds, Series 2004C, dated August 1, 2004 (the "Prior Bonds"); and B. WHEREAS, $1,925,000 of the principal amount of the Prior Bonds which matures or are subject to mandatory redemption on and after August 1, 2016, is callable on August 1, 2015 and any date thereafter, at a price of par plus accrued interest, as provided in the resolution, adopted by the City Council on August 5, 2004, authorizing the issuance of the Prior Bonds (the "Prior Resolution"); and C. WHEREAS, the crossover advance refunding on August 1, 2015 (the "Crossover Date") of the Prior Bonds maturing on and after August 1, 2016 (the "Refunded Bonds"), is Packet Page Number 152 of 264 6318048v1 I1 , Attachment 2 2 consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and D. WHEREAS, the City has heretofore established a tax abatement program (the "Program") pursuant to the provisions of Minnesota Statutes, Sections 469.1812 through 469.1815, with respect to providing for the abatement of property taxes for a period of fifteen years on various properties in the City, as described in the resolution adopted by the City Council on September 8, 2003, approving the Program (the "Abatement Resolution"); and E. WHEREAS, the amount of the property taxes abated are estimated to be at least equal to the principal amount of the Bonds and pursuant to the provisions of the Abatement Resolution, funds are to be expended to provide money to pay for the Project; and F. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $1,290,000 General Obligation Tax Abatement Refunding Bonds, Series 2014B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a crossover advance refunding of the Refunded Bonds; and G. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of ______________________________ (the "Purchaser"), to purchase the Bonds, in accordance with the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $__________, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders any good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities. The Bonds shall dated August 1, 2014 as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature, without option of prepayment, on August 1 in the years and amounts as follows: Year Amount 2016 2017 2018 2019 2020 Packet Page Number 153 of 264 6318048v1 I1 , Attachment 2 3 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 6 and 11 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as Packet Page Number 154 of 264 6318048v1 I1 , Attachment 2 4 paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 11, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 6 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. Packet Page Number 155 of 264 6318048v1 I1 , Attachment 2 5 (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 11, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 11. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings. The Bonds shall provide funds for a crossover advance refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67. As of the Crossover Date there shall result a reduction in the present value of the dollar amount of the debt service to the City from a total dollar amount of $______ for the Prior Bonds to a total dollar amount of $_______________ for the Bonds computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12. The dollar amount of such present value of the debt service for the Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior Bonds as required by Minnesota Statutes, Section 475.67, Subdivision 12. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2015, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Packet Page Number 156 of 264 6318048v1 I1 , Attachment 2 6 Maturity Year Interest Rate 2016 % 2017 2018 2019 2020 5. No Redemption. The Bonds shall not be subject to redemption and prepayment prior to their stated maturity date. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 13. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: Packet Page Number 157 of 264 6318048v1 I1 , Attachment 2 7 UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_________ $_________ GENERAL OBLIGATION TAX ABATEMENT REFUNDING BOND, SERIES 2014B Interest Rate Maturity Date Date of Original Issue CUSIP August 1, August 1, 2014 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prior payment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2015, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Packet Page Number 158 of 264 6318048v1 I1 , Attachment 2 8 No Optional Redemption. The Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their stated maturity dates. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1,290,000 (the "Bonds"), all of like date of original issue and tenor, except as to number, maturity, interest rate, and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on July 14, 2014 (the "Resolution"), for the purpose of providing funds sufficient for a crossover advance refunding of the General Obligation Tax Abatement Bonds, Series 2004C, dated August 1, 2004 of the Issuer. This Bond is payable out of the General Obligation Tax Abatement Refunding Bonds, Series 2014B Fund established by the Issuer pursuant to the Resolution. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Packet Page Number 159 of 264 6318048v1 I1 , Attachment 2 9 Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: ________________________ BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By____________________ Authorized Signature Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk Packet Page Number 160 of 264 6318048v1 I1 , Attachment 2 10 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - _____________ as custodian for _____________ (Cust) (Minor) under the _____________________ Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ___________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________ the within Bond and does hereby irrevocably constitute and appoint ________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:__________ _____________________________________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ Packet Page Number 161 of 264 6318048v1 I1 , Attachment 2 11 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of August 1, 2014. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 10) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. Packet Page Number 162 of 264 6318048v1 I1 , Attachment 2 12 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 13) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Funds and Accounts. There is hereby created a special fund to be designated the "General Obligation Tax Abatement Refunding Bonds, Series 2014B Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. In such records there Packet Page Number 163 of 264 6318048v1 I1 , Attachment 2 13 shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Escrow Account. The Escrow Account is established for the Refunded Bonds and shall be maintained as an escrow account with U.S. Bank National Association (the "Escrow Agent"), in St. Paul, Minnesota, which is a suitable financial institution within or without the State. $_____________ in proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. $_________ in proceeds of the sale of the Bonds shall be received by the Escrow Agent to pay costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance or any Bond proceeds returned to the City are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the interest to accrue on the Bonds to and including the Crossover Date; and (ii) to pay when called for redemption on the Crossover Date, the principal amount of the Refunded Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the Bonds to and including the Crossover Date, and (ii) the principal of the Refunded Bonds due by reason of their call for redemption on the Crossover Date. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with the Escrow Agreement, by and between the City and Escrow Agent (the "Escrow Agreement"), a form of which is on file in the office of the Finance Director. Any moneys remitted to the City upon termination of the Escrow Agreement shall be deposited in the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there shall be credited: (1) after the Crossover Date, all uncollected tax abatements pledged to the payment of the Prior Bonds; (2) any accrued interest received upon delivery of the Bonds; (4) any collections of all taxes heretofore or hereafter levied for the payment of the Prior Bonds and interest thereon which are not needed to pay the Prior Bonds as a result of the Crossover Refunding; (5) all investment earnings on funds in the Debt Service Account; and (6) any balance remitted to the City upon the termination of the Escrow Agreement; (7) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (2) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To Packet Page Number 164 of 264 6318048v1 I1 , Attachment 2 14 this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Abatements; Use of Tax Abatements. As provided in clause D hereof, the Council has adopted the Abatement Resolution and has thereby approved the Tax Abatements, including the pledge thereof to the payment of the Bonds. As provided in the Abatement Resolution, the estimated total amount of the Tax Abatements is equal to the principal amount of the Bonds and does not exceed the maximum projected amount of the Tax Abatements. The Council hereby confirms the Abatement Resolution, which is hereby incorporated as though set forth herein. 17. Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys, together with the Tax Abatements, for payment of the principal and interest on the Bonds, there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amounts See attached schedule The tax levies are such that if collected in full they, together with estimated collections of Tax Abatements will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Bonds, the uncollected taxes levied in the Prior Resolution authorizing the issuance of the Prior Bonds which are not needed to pay the Prior Bonds as a result of the Refunding shall be canceled. (a) General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds Packet Page Number 165 of 264 6318048v1 I1 , Attachment 2 15 of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 18. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 20. Securities; Escrow Agent. Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City Council has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. 21. Redemption of Refunded Bonds. The Refunded Bonds shall be redeemed and prepaid on the Crossover Date in accordance with the terms and conditions set forth in the Notice of Call for Redemption, in substantially the form attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. 22. Escrow Agreement. On or prior to the delivery of the Bonds, the Mayor and Finance Director shall, and are hereby authorized and directed to, execute the Escrow Agreement on behalf of the City. The Escrow Agreement is hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 23. Purchase of SLGS or Open Market Securities. The Escrow Agent, as agent for the City, is hereby authorized and directed to purchase on behalf of the City and in its name the appropriate United States Treasury Securities, State and Local Government Series and/or open Packet Page Number 166 of 264 6318048v1 I1 , Attachment 2 16 market securities as provided in paragraph 21, from the proceeds of the Bonds, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 24. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as each County Auditor shall require, and to obtain the County Auditor's Certificate from each County that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 25. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any re furnished, shall be deemed representations of the City as to the facts recited therein. 26. Negative Covenant as to Use of Proceeds and Projects. The City hereby covenants not to use the proceeds of the Bonds or to use the projects originally financed by the Prior Bonds, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the projects, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 27. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be Packet Page Number 167 of 264 6318048v1 I1 , Attachment 2 17 enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 28. Tax-Exempt Status of the Bonds; Rebate. The City is subject to the rebate requirement imposed by Section 148(f) of the Code by reason of issuing (together with all subordinate entities thereof, and all entities treated as one issuer with the Issuer) more than $5,000,000 of tax-exempt governmental obligations during this calendar year as provided in Section 148(f)(4)(D) of the Code and Section 1.148-8 of the Regulations. 29. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2014 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2014 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 30. Official Statement. The Official Statement relating to the Bonds prepared and distributed by the Springsted Incorporated is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 31. Supplemental Resolution. The Prior Resolution is hereby supplemented to the extent necessary to give effect to the provisions hereof. Packet Page Number 168 of 264 6318048v1 I1 , Attachment 2 18 32. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 33. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member _______________ and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted. Packet Page Number 169 of 264 6318048v1 I1 , Attachment 2 19 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to providing for the issuance and sale of $1,290,000 General Obligation Tax Abatement Refunding Bonds, Series 2014B. WITNESS my hand on July ___, 2014. ___________________________ Clerk Packet Page Number 170 of 264 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Molly Wellens, RS, Health Officer Shann Finwall, AICP, Environmental Planner DATE: July 8, 2014 SUBJECT: Approval of Amendments to the City’s Health Codes – Second Reading Introduction As part of the City of Maplewood’s delegation agreement with the Minnesota Department of Health (MDH), the City is required to have ordinances which regulate minimum design, installation, construction, operation and maintenance requirements for all public pools, food and food handlers, and lodging establishments. The City’s ordinances regulating those standards are found at Chapter 12 (Buildings and Building Regulations) and Chapter 14 (Business and Licensing). Background The MDH conducted their annual review of the City’s delegation agreement last fall. During the review, MDH notified the City that we must update our ordinances to better reference State health statutes and rules. The changes will not affect how the City conducts inspections of public pools, food and food handlers, and lodging establishments, but will ensure the appropriate authority to enforce state statute. Updates to the ordinances are required by October 2014. The attached ordinances reflect the required changes. The City Council held a public hearing to adopt the first reading of the health ordinance amendments on June 23, 2014. No changes were recommended. Budget Impact None Recommendation Approve the second reading of amendments to the City’s health codes (Chapters 12 and 14). Attachments 1.Chapter 12 (Buildings and Building Regulations), Article XII (Swimming Pools), Division 2 (Public Pools) 2.Chapter 14 (Businesses and Licensing), Article VI (Food and Food Handlers), Division 2 (Food Establishments). 3.Chapter 14 (Businesses and Licensing), Article IX (Lodging Establishments), Division 1 (Generally) I2 Packet Page Number 171 of 264 - CODE OF ORDINANCES Chapter 12 - BUILDINGS AND BUILDING REGULATIONS ARTICLE XII. - SWIMMING POOLS DIVISION 2. PUBLIC POOLS DIVISION 2. PUBLIC POOLS Sec. 12-432. Authority. Sec. 12-5332. State department of health rules adopted. Sec. 12-5343. Definitions. Sec. 12-5354. License required. Sec. 12-5365. Application for license. Sec. 12-5376. Inspection. Sec. 12-5387. License expiration and renewal; denial or revocation of license. Sec. 12-5398. License fees. Sec. 12-53109. Penalty. Sec. 12-532. Authority. The City of Maplewood regulates food, lodging, and public pool establishments through the delegation of authority from the Minnesota Department of Health. Sec. 12-5332. State department of health rules adopted. Subject to any specific modifications set forth in this division, the city hereby adopts and incorporates by reference state board of health statutes and rules including Minnesota Statutes 144.1222, 145A, and 157 and Minnesota Rules, parts 4717.0150 to 4717.3970 and 7-MCAR 1.141. as contained in the document entitled "Rules and Regulations of the Minnesota Department of Health Relating to Public Swimming Pools," and all subsequent amendments thereto. One copy of such regulations shall be filed and available for inspection in the offices of the city clerk and community development. Said statutes and rules are hereby modified by deleting the term Reference in 7-MCAR 1.141 of "board of health" and substituting shall be replaced by "environmental health official." and any rReference to "public swimming pool" with shall be replaced with the definition of “public pool” in section 12-533. (Code 1982, § 31-7) Sec. 12-5343. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Public pool means any pool, other than a private residential pool, intended to be used collectively by numbers of persons for swimming or bathing, operated by any person, whether he is the owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is Maplewood, Minnesota, Code of Ordinances Page 1 I2, Attachment 1 Packet Page Number 172 of 264 - CODE OF ORDINANCES Chapter 12 - BUILDINGS AND BUILDING REGULATIONS ARTICLE XII. - SWIMMING POOLS DIVISION 2. PUBLIC POOLS charged for such use. Included in this definition are pools located in or adjacent to apartment buildings, condominiums, townhouses or other multiple-dwelling residential complexes, public or private schools, public or private sports facilities, commercial property unless used for sales and/or display purposes only and treatment pools, therapeutic pools, and special pools for water therapy, whirlpools, spas and cold plunges. (Code 1982, § 31-8) Cross reference— Definitions generally, § 1-2. Sec. 12-5354. License required. It shall be unlawful for any person to operate a public pool, regardless of whether a fee is charged for such use, unless the city has issued a valid license therefor which is in full force and effect. Such license shall be on display in the vicinity of the subject pool or conveniently accessible upon demand. (Code 1982, § 31-9) Sec. 12-5365. Application for license. Application for a license for a public pool shall be submitted to the department of community development in such form and manner as the city may prescribe. (Code 1982, § 31-10) Sec. 12-5376. Inspection. The environmental health official shall inspect every public pool as frequently as deemed necessary to ensure compliance with this division. All swimming pool plans will be sent to the Minnesota Department of Health for review and approval per the city’s delegation agreement with the Minnesota Department of Health. (Code 1982, § 31-11) Sec. 12-5387. License expiration and renewal; denial or revocation of license. (a) Licenses issued under this division shall expire on December 31 each year. License renewal applications shall be filed with the department of community development prior to December 31 of each year. Failure to comply with these requirements may result in revocation or nonrenewal of the license. (b) Written notification shall be made to the applicant or licensee of any pool license that has been denied or revoked. The applicant or licensee shall have ten days from the date of notification to appeal this decision to the city council. (Code 1982, § 31-12) Maplewood, Minnesota, Code of Ordinances Page 2 I2, Attachment 1 Packet Page Number 173 of 264 - CODE OF ORDINANCES Chapter 12 - BUILDINGS AND BUILDING REGULATIONS ARTICLE XII. - SWIMMING POOLS DIVISION 2. PUBLIC POOLS Sec. 12-5398. License fees. The license fees for public pools shall be fixed by the city council, by resolution, from time to time. (Code 1982, § 31-13) Sec. 12-53109. Penalty. Any person convicted of violating this article will be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. (Code 1982, § 31-14) Maplewood, Minnesota, Code of Ordinances Page 3 I2, Attachment 1 Packet Page Number 174 of 264 - CODE OF ORDINANCES Chapter 14 - BUSINESSES AND LICENSING ARTICLE VI. - FOOD AND FOOD HANDLERS DIVISION 2. - FOOD ESTABLISHMENTS Subdivision I. In General Subdivision I. In General Sec. 14-316. Authority. Sec. 14-3176. Purpose. Sec. 14-3187. State health rules adopted. Sec. 14-3198. Interference with or hindrance of health authority. Sec. 14-32019. Supplemental laws, rules and regulations. Sec. 14-32120. Violations. Secs. 14-322321—14-340. Reserved. Sec. 14-316. Authority. The City of Maplewood regulates food, lodging, and public pool establishments through the delegation of authority from the Minnesota Department of Health. Sec. 14-3176. Purpose. The purpose of this division is to establish standards to protect the health, safety and the general welfare of the people of the city. These general objectives include the following: (1) Prevent food-borne illness. (2) Correct and prevent conditions that may adversely affect persons utilizing food establishments. (3) Provide minimum standards for the design, construction, operation and maintenance of food establishments. (4) Meet consumer expectations to the quality and safety of food establishments. (Code 1982, § 13-16) Sec. 14-3187. State health rules adopted. Subject to any specific modifications set forth in this section, the city adopts and incorporates by reference state board of health statutes and rules including Minnesota Statutes 145A and 157 and Minnesota Rules, parts 4626.0010 to 4626.2010chapter 4625, part 4626.0010 et seq., as contained by law in the document entitled "Rules and Requirements for Food and Beverage Establishments." A copy of such regulations shall be filed and available for inspection in the office of the city clerk and the department of community development. Chapter 4626.0010 et seq. Said statutes and rules are is hereby modified by deleting the terms "board" Maplewood, Minnesota, Code of Ordinances Page 1 I2, Attachment 2 Packet Page Number 175 of 264 - CODE OF ORDINANCES Chapter 14 - BUSINESSES AND LICENSING ARTICLE VI. - FOOD AND FOOD HANDLERS DIVISION 2. - FOOD ESTABLISHMENTS Subdivision I. In General and "commissioner" and substituting the term "environmental health official" in place thereof, or other successor designated or authorized by the city council. (Code 1982, § 13-17) Sec. 14-3198. Interference with or hindrance of health authority. No person shall interfere with, obstruct or hinder any health authority in the performance of their duties under this division or the laws of the state nor prevent their performance thereof. (Code 1982, § 13-42) Sec. 14-32019. Supplemental laws, rules and regulations. This division shall be construed to be supplementary to all laws, rules and regulations of the state department of health and state department of agriculture and is not intended and shall not be construed to permit that which is prohibited or declared unlawful by any such competent authority. All establishments shall, in addition to this division, comply with the applicable regulations of the state department of health and state department of agriculture. (Code 1982, § 13-43) Sec. 14-3210. Violations. Any person convicted of violating this division will be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. (Code 1982, § 13-44) Secs. 14-3221—14-340. Reserved. Maplewood, Minnesota, Code of Ordinances Page 2 I2, Attachment 2 Packet Page Number 176 of 264 - CODE OF ORDINANCES Chapter 14 - BUSINESSES AND LICENSING ARTICLE IX. - LODGING ESTABLISHMENTS DIVISION 1. GENERALLY DIVISION 1. GENERALLY Sec. 14-521. Authority. Sec. 14-5221. State health rules adopted by law. Sec. 14-5232. Inspection. Sec. 14-5243. Penalty. Secs. 14-5254—14-550. Reserved. Sec. 14-521. Authority. The City of Maplewood regulates food, lodging, and public pool establishments through the delegation of authority from the Minnesota Department of Health. Sec. 14-5221. State health rules adopted by law. Subject to any specific modifications set forth in this section, the city hereby adopts and incorporates by reference state board of health statutes and rules including Minnesota Statutes 145A, 157, and 327 and Minnesota Rules, parts 4625.0100 to 4625.2300. 7—MCAR 1.151— 1.160 as contained by law in the document entitled "Requirements for Lodging Establishments" and all subsequent amendments thereto. One copy of such regulations shall be filed and available for inspection in the office of the city clerk and the department of community development. 7—MCAR 1.151—1.160 is Said statutes and rules are hereby modified by deleting the term "board of health" and substituting the refor the term "environmental health official." (Code 1982, § 17.5-1) Sec. 14-5232. Inspection. The environmental health official shall inspect every lodging establishment as frequently as deemed necessary to ensure compliance with this article. (Code 1982, § 17.5-4) Sec. 14-5243. Penalty. Any person convicted of violating this article shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. (Code 1982, § 17.5-7) Secs. 14-5254—14-550. Reserved. Maplewood, Minnesota, Code of Ordinances Page 1 I2, Attachment 3 Packet Page Number 177 of 264 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Michael Thompson, Director of Public Works/City Engineer DATE: July 2, 2014 SUBJECT: English Street Petition Update Introduction On June 23, 2014, during the council meeting, Mr. William Diesslin presented a petition to the council regarding concerns and request for information. This report serves as an update only. No action is requested at this time. Discussion The petition, which is attached, was signed by Mr. Diesslin and others in the general vicinity of English Street between Cope Avenue and Frost Avenue. The petition requested the following: 1) Vehicle weight restrictions on English Street 2) Information on federal funding for the interchange project 3) Information on the environmental documentation for the interchange project I met personally with Mr. Diesslin at his home on June 24th, the day after the council received the petition, to discuss his concerns and my subsequent steps which included sending him the information requested and to further study the traffic and pavement conditions. On June 25th I gave Mr. Diesslin all of the information he requested (items 2 and 3 above). The federal funding amount used as part of the interchange project was $8,378,664.00. Mr. Diesslin also received the 200+ page environmental document. The engineering department is currently collecting and reviewing data in regards to traffic volume, speed, and vehicle types on English Street. Additionally, pavement cores and testing must be completed to understand if the City even has justification to post a lower weight restriction than 9-ton. I explained to Mr. Diesslin that with this being a state aid route, the city cannot arbitrarily create restrictions to discourage certain vehicles from travelling in the corridor. I anticipate the data collection, core samples, results, and recommendations will be in by late August or early September. When this item is brought back to council the petitioners would be notified of the meeting and any action items that would be considered. I3 Packet Page Number 178 of 264 Budget Impact It is anticipated the core samples, pavement testing, and final engineering recommendations report regarding posting limits by a professional firm to be in the $7,000 range which will be covered within the currently approved engineering operations budget. Recommendation No action is requested at this time. Attachments 1. English Street Petition Received June 23, 2014 I3 Packet Page Number 179 of 264 I3, Attachment 1Packet Page Number 180 of 264 I3, Attachment 1Packet Page Number 181 of 264 I3, Attachment 1Packet Page Number 182 of 264 I3, Attachment 1Packet Page Number 183 of 264 I3, Attachment 1Packet Page Number 184 of 264 J1 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: July 7, 2014 SUBJECT: Approval of Resolution for a Lawful Gambling Premise Permit for Chops, Inc at McCarron’s Pub & Grill, 1986 Rice Street Introduction Kevin Kimes, on behalf of Chops, Inc has submitted an application and is requesting approval of a premise permit to conduct lawful gambling at McCarron’s Pub & Grill, 1986 Rice St in Maplewood. Previously, lawful gambling was conducted at McCarron’s Pub & Grill by Ladyslipper Chapter ABWA. Per City Code Section 22-9 subd.2, which states that only one organization may conduct lawful gambling at an establishment at any one time, this organization has terminated its lease with the establishment to allow for continued gambling activity to be conducted by Chops, Inc. Background Chops, Inc is a non-profit and an all-age music & performance organization based in Minneapolis, MN that provides education to members in the art of music and performance. It has been in existance since 1987 and has been registered with the State of Minnesota since 1995. For the purposes of this permit application, a background investigation has been conducted on the organization’s designated gambling manager: Kevin Kimes; nothing was identified in this investigation that would prohibit the issuance of this permit. Budget Impact None Recommendation It is recommended that Council approve the Resolution for a Lawful Gambling Premise permit for Chops, Inc at the McCarron’s Pub & Grill, 1986 Rice Street. Attachments 1. Resolution for a Lawful Gambling Premise permit Packet Page Number 185 of 264 J1, Attachment 1 RESOLUTION LAWFUL GAMBLING PREMISE PERMIT BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise permit for lawful gambling is approved for Chops, Inc to operate at McCarron’s Pub & Grill, 1986 Rice St, Maplewood, MN. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Packet Page Number 186 of 264 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Tom Ekstrand, Senior Planner DATE: July 9, 2014 SUBJECT: Approval of the Following Requests for the Days Inn Conversion to Senior Housing at 3030 Southlawn Drive: 1. A Conditional Use Permit to Allow Multi-Family Housing in a Business Commercial District 2. A Parking Reduction for Fewer Parking Spaces than Required 3. A Unit-Size Reduction Variance 4. Design Plans Introduction Albert Miller is proposing to convert the 120-room Days Inn west of the Maplewood Mall into 115 units of senior housing. Mr. Miller is proposing a mix of assisted living and memory care apartments. This proposal includes a parking reduction from 230 parking spaces to 73 parking spaces and a unit-size reduction from 580 square feet to a memory care unit range from 312 square feet for memory care units to 364 square feet for studio units to 640 square feet for one- bedroom units. City code allows multi-family housing in BC (business commercial) zoning districts by conditional use permit (CUP). Refer to the attachments. Requests • A CUP for multi-family seniors housing in a BC zoning district. • A parking waiver for fewer parking spaces than code requires. Code requires 230 parking spaces. The applicant proposes 73. • A unit-size reduction variance to provide memory-care unit sizes beginning at 312 square feet. Code requires a minimum of 580 square feet. • Approval of building, site and landscaping plans. J2 Packet Page Number 187 of 264 Background 1977: The community design review board approved the plans for this building as a Holiday Inn. Construction began that year. Discussion CUP Consideration The zoning ordinance requires that the city council find that all nine “standards” for CUP approval be met to allow a CUP. These standards for approval are: 1. The use would be located, designed, maintained, constructed and operated to be inconformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Staff does not see any reason why this use would not fit the above criteria. Our main concern, though, has been whether this conversion to senior housing is appropriate in a heavily developed commercial area. Would the Myth Nightclub be a suitable neighbor to senior citizens? Would this use be compatible with the commercial activity surrounding the Maplewood Mall? J2 Packet Page Number 188 of 264 Police Chief, Paul Schnell, raised concerns also about compatibility with the possibility of memory-care residents “walking off” from the facility. Staff asked the applicant to respond to Chief Schnell’s comments which are in black and the applicant’s reply is in blue. Is there a targeted senior clientele they could hope to attract to this facility over others. In other words, how does their expected resident population compare to what might otherwise go to a new facility, like a White Pines type facility? Is there any difference? The Senior Living facility at the Maplewood Hotel aims to attract people needing memory care or assisted living services at an intermediate cost when compared to other senior living facilities. Presumably, the facility would be attractive to people who want quality care and living but cannot afford the premiums of a facility like the Seasons of Maplewood which is just across Southlawn Drive from the current hotel. Given their desire to target memory care type residents, I’m interested in their facility security and staffing plan. Patient walkaways can be a very time consuming call for service. This is a very reasonable concern, and one that is critical to the operation of a successful memory care facility. The layout and operation of the facility including internal circulation, door hardware, and 24-hour staffing will be situated to prevent patient walkaways. Memory care patients are locked in and secluded to specific areas of the facility and cannot leave unless escorted by a staff member. Also, residents in memory care will have access to the outside areas labeled as “Memory Garden” on the plans. The “Memory Garden” is a secure area like the building interior and will be locked and monitored to prevent walkaways. To put it simply, these residents are locked into certain areas of the facility and cannot leave unless escorted by someone with approved access. Finally, the 24-hour staff will have a protocol in place to get residents evacuated from these locked areas in the event of a fire or other emergency. However, with all these measures in place, patient walkaways do happen on rare occasion. We are aware of one instance at the Shores of Lake Phalen where a patient escaped and to our understanding, was found by staff and brought back to the residence. In cases where a particular patient attempts to walk away on one or more occasions, they can be equipped with a monitoring device that would send an alarm with their location if they leave the facility. Broadly, the proposed development use seems and feels contrary to the general retail and entertainment specific to the area. Given the land use in the IMMEDIATE area, I wonder if residents of the facility would or could have reduction in quality of life based on noise and traffic in the immediate area We agree that the proposed use may seem contrary to many of the adjacent properties. However, the Seasons of Maplewood is located just across Southlawn Drive from the Existing Hotel. Also, many of the adjacent properties would be ideal for residents and visitors of the facility. People coming to visit family members could use the Mall and adjacent J2 Packet Page Number 189 of 264 businesses. Also, the public library and adjacent park across Southlawn drive could be used by both residents and guests. An anecdotal bit of information: we are on the national search team from Ryan Development (a component of Ryan Construction) as they try to take senior housing to a national level. Our first project together is near the Arbor Lakes Shopping district in Maple Grove. Nationally Ryan Development is only searching for sites that are adjacent or part of large suburban shopping districts. Density Being that the site is zoned BC and guided C (commercial) there is no set density maximum established for multi-housing. Staff reviewed this proposal with the city attorney and he advised that, being that the zoning ordinance allows multi-family development in a BC district, staff should use their best judgment in determining a reasonable density. The proposed density of this 115 unit facility on the 6.7 acre site would be 17 units per acre. This equates to the comprehensive plan’s density for HDR (high density residential). The density allowed in areas guided as HDR would permit a density range between 10 and 25 units per acre. Staff has no issue with this density. Seniors facilities such as the proposed one have the impact of a much lesser density since most of the residents do not drive and largely stay within the facility. Parking Reduction City code requires that apartment buildings have two parking spaces for each unit. One of which must be a garage space. With a proposed 115 living units, the code would require 230 parking stalls—115 garage spaces and 115 open parking spaces. The applicant is proposing 73 parking spaces. Staff agrees that the proposed 73 parking spaces would be an adequate amount of parking spaces. The city regularly determines that senior housing facilities do not require two spaces per unit as code requires for family housing. As example, the recently completed Shores assisted-living and memory-care facility on Frost Avenue, with 105 units, was approved to have 24 outdoor parking spaces and 28 underground garage parking spaces totaling 52. Unit Size The applicant has provided the following justification for the unit sizes: We request a variance due to the fact that this type of facility does not require larger units because so much space is dedicated to common areas. In assisted living and memory care facilities, residents tend to spend most of their free time in the common spaces, using their personal rooms mostly for resting. Meals are served in common areas so the rooms do not require large kitchens. Activities are set up in the common areas and conducted by staff so little room is needed in the individual units for social activities. When looking at the proposed floor plans, you’ll notice when compared to a typical multifamily housing project, there is significantly more common space dedicated for this facility. J2 Packet Page Number 190 of 264 The city has allowed smaller unit sizes in the recent past primarily for memory-care units as shown in this comparison: Project Name Number of Units (includes memory care) Approved Unit Size Comforts of Home 42 (15 MC) 221 to 360 sq ft Lakewood Commons 100 (30 MC) 425 sq ft The Shores 105 (32 MC) 433 sq ft The Seasons 150 (30 MC) 382 sq ft Proposed Days Inn Conversion 115 (54 MC) 312 to 640 sq ft The senior-housing industry, however, has moved toward smaller room sizes since it has found that the larger spaces are not needed for assisted- or memory-care units. The city has allowed smaller unit sizes for assisted and memory-care units fairly regularly with recent projects as noted above. Staff does not find a problem with this request for these units. Building Design The applicant proposes to repaint the existing brick-embossed concrete block and stucco, repair the damaged retaining wall and repair the damaged trash enclosure. These are welcome changes. Parking Lot Removal The northerly parking lot would be removed with a driveway connection retained between the Mall Ring Road and Southlawn Drive. The area of parking lot removal will be restored with grass. The northerly east-west driveway that would remain would be curbed with an up-right six-inch curb and gutter. The applicant also proposes to remove the driveway on the west side of the building and landscape this area. Site Lighting The applicant is not proposing any changes to the site lighting. Landscaping The site would be re-landscaped with a considerable amount of plantings around the entire building. As mentioned, the northerly parking lot will be restored with grass except for keeping a paved area for the east-west driveway connection. Department Comments Building Official Nick Carver, building official, stated that, because this is a “change of use,” it requires that the applicant comply with all current codes. J2 Packet Page Number 191 of 264 Engineering Refer to the engineering report by Jon Jarosch, staff engineer dated June 6, 2014. Fire Marshal Butch Gervais, assistant fire chief, stated that the applicant will need to comply with all current state and local fire codes. Police Paul Schnell, police chief, commented about this proposal. Chief Schnell’s comments were discussed above under the CUP Consideration section above. Commission Actions June 17, 2014: The planning commission recommended approval of these requests. They added the following conditions, though, for the CUP recommendation: • Add to Condition 4: The applicant shall provide an adequate number of electrical power stations in the parking lot for residents to use plug-in engine heaters since there will not be any underground parking. • Add Condition 8: The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents. • Add Condition 9: All costs to the city associated with retrieving memory-care residents that “walk -away” from the proposed seniors residence shall be paid by the applicant. June 24, 2014: The community design review board recommended approval with the staff recommendation. Budget Impact A possible impact to the city could be if the police are needed to respond to calls about a memory-care resident “walkaway.” Recommendations A. Approve a conditional use permit resolution to allow multi-family seniors housing in a BC zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan date-stamped June 2, 2014 approved by the city. Staff may approve minor changes. J2 Packet Page Number 192 of 264 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. If there is a need for additional parking spaces in the future, the applicant shall revise the plan to provide additional parking stalls to meet their needs, subject to staff approval. The applicant shall provide an adequate number of electrical power stations in the parking lot for residents to use plug-in heaters since there will not be any underground parking. 5. The applicant shall comply with the conditions stated in the engineering report dated June 4, 2014. 6. The applicant shall comply with the requirements of the city’s building official, assistant fire chief and health officer. 7. This permit allows 115 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. 8. The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents. 9. All costs to the city associated with retrieving memory-care residents that “walk-away” from the proposed seniors residence shall be paid by the applicant. B. Approval of a parking waiver for fewer parking spaces than code requires, allowing 73 spaces. This proposal for 115 units of senior housing would require 230 parking spaces. The city finds that the proposed reduction to 73 parking spaces would be sufficient for this assisted-living and memory-care seniors housing facility since senior housing facilities do not require the amount of parking needed for typical multi-family housing needs. Should a parking shortage develop in the future, the applicant shall revise the plan to provide enough to meet their needs, subject to staff approval. C. Approval of a variance resolution to allow a living-unit size reduction. This variance allows memory-care living units beginning at 312 square feet. Code requires a minimum of 580 square feet. This variance is based on the findings that: 1. Memory-care housing facilities do not require the amount floor area that would be needed for typical multi-housing developments. Therefore, smaller unit sizes would be in harmony with the general purposes of the zoning requirements based on the industry standards for such housing. J2 Packet Page Number 193 of 264 2. The proposed assisted-living and memory-care seniors housing facility would be consistent with the comprehensive plan since the Plan encourages the city to provide life- cycle housing for its residents. 3. The proposed unit sizes for memory-care units is reasonable since the city ordinance does not accommodate or address living-quarter sizes for senior citizen housing or special needs housing such as for memory-care residents. The city’s requirements for studio or one-bedroom housing units are excessive for those with intensive-care or memory-care housing needs. D. Approval of the plans date-stamped June 2, 2014, for the Days Inn Hotel Conversion to senior housing. Approval is subject to the following conditions: 1. Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2. The applicant shall obtain a conditional use permit from the city council for the proposed housing facility in a BC (business commercial) zoning district. 3. The applicant shall complete the site improvements as proposed in the plans. This includes all landscaping, trash enclosure upgrades, retaining wall repair, building painting and parking lot and driveway changes and improvements. 4. After its removal, the old parking lot surface shall be restored to lawn and kept maintained and mowed. 5. The applicant shall comply with the conditions noted in the engineering report by Jon Jarosch dated June 4, 2014. 6. The applicant shall comply with all requirements of the city’s building official, assistant fire chief and health officer. 7. The applicant shall obtain approval of a parking waiver from the city council before beginning this project. 8. The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping, before getting a building permit. J2 Packet Page Number 194 of 264 Reference Information Site Description Site size: 6.7 acres Existing land use: The Days Inn Surrounding Land Uses North: The Myth Nightclub South: Maplewood Mall parking lot and ring road drive East: Maplewood Mall and Mall parking lot West: Southlawn Drive and Ramsey County Public Library Planning Land Use Plan designation: C (commercial) Zoning: BC (business commercial) Code Requirement Section 44-512 (1) of the BC zoning district states that a conditional use permit may be granted for “all permitted uses in the R3 district.” Findings for CUP Approval Section 44-1097 (a) requires that the city council base approval of a CUP on nine findings. Refer to the findings for approval in the resolution. Findings for Variance Approval State statute requires that in order to grant a variance, the city council must determine that the proposal is found to be: (1) In harmony with the general purposes and intent of the official control; (2) Consistent with the comprehensive plan; (3) When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. J2 Packet Page Number 195 of 264 Application Date The application for this request was complete on June 2, 2014. State law requires that the city decide on these applications within 60 days. The deadline for city council action is August 1, 2014. Attachments 1. Conditional Use Permit Resolution 2. Variance Resolution 3. Location Map 4. Land Use Plan Map 5. Zoning Map 6. Applicant’s Letter of Request dated May 19, 2014 7. Site Plan of Existing Conditions 8. Site Plan Proposal 9. Building Elevations 10. Engineering Report dated June 6, 2014 11. Planning Commission Minutes dated June 17, 2014 12. Community Design Review Board Minutes dated June 24, 2014 13. Plans date-stamped June 2, 2014 (separate attachments) p:sec2N\Hotel Conversion Days Inn Property\Days Inn Conversion to Senior Housing CC Report 7 14 te J2 Packet Page Number 196 of 264 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Albert Miller has applied for a conditional use permit to put a multi-housing seniors housing facility in a BC (business commercial) zoning district; WHEREAS, Section 44-512 (1) of the BC district requirements states that a conditional use permit may be granted for “all permitted uses in the R3 district.” WHEREAS, this permit applies to the property located at 3030 Southlawn Drive. The property identification number of this property is: 022922220010 WHEREAS, the history of this conditional use permit is as follows: 1. On June 17, 2014, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On ____________, 2014, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. J2, Attachment 1 Packet Page Number 197 of 264 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan date-stamped June 2, 2014 approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. If there is a need for additional parking spaces in the future, the applicant shall revise the plan to provide additional parking stalls to meet their needs, subject to staff approval. The applicant shall provide an adequate number of electrical power stations in the parking lot for residents to use plug-in heaters since there will not be any underground parking. 5. The applicant shall comply with the conditions stated in the engineering report dated June 4, 2014. 6. The applicant shall comply with the requirements of the city’s building official, assistant fire chief and health officer. 7. This permit allows 115 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. 8. The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents. 9. All costs to the city associated with retrieving memory-care residents that “walk-away” from the proposed seniors residence shall be paid by the applicant. The Maplewood City Council _________ this resolution on _______, 2014. J2, Attachment 1 Packet Page Number 198 of 264 VARIANCE RESOLUTION WHEREAS, Albert Miller applied for a variance from the minimum unit size requirements for multi-family housing developments. Mr. Miller is requesting that the minimum size of memory- care living units in his proposed senior housing facility start at 312 square feet in area; WHEARAS, city ordinance requires a minimum multi-family unit size of 580 square feet; WHEREAS, this variance applies to the property at 3030 Southlawn Drive. The property identification number for this property is: 022922220010 WHEREAS, the history of this variance is as follows: 1. The planning commission held a public hearing on June 17, 2014. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this variance. 2. On _____________, the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above- described variances since: 1. Memory-care housing facilities do not require the amount floor area that would be needed for typical multi-housing developments. Therefore, smaller unit sizes would be in harmony with the general purposes of the zoning requirements based on the industry standards for such housing. 2. The proposed assisted-living and memory-care seniors housing facility would be consistent with the comprehensive plan since the Plan encourages the city to provide life-cycle housing for its residents. 3. The proposed unit sizes for memory-care units is reasonable since the city ordinance does not accommodate or address living-quarter sizes for senior citizen housing or special needs housing such as for memory-care residents. The city’s requirements for studio or one-bedroom housing units are excessive for those with intensive-care or memory-care housing needs. The Maplewood City Council ________ this resolution on _________, 2014. J2, Attachment 2 Packet Page Number 199 of 264 J2, Attachment 3 Packet Page Number 200 of 264 J2, Attachment 4 Packet Page Number 201 of 264 J2, Attachment 5 Packet Page Number 202 of 264 J2, Attachment 6 Packet Page Number 203 of 264 J2, Attachment 6 Packet Page Number 204 of 264 J2, Attachment 7 Packet Page Number 205 of 264 J2, Attachment 8 Packet Page Number 206 of 264 J2, Attachment 9 Packet Page Number 207 of 264 J2, Attachment 10 Packet Page Number 208 of 264 J2, Attachment 10 Packet Page Number 209 of 264 J2, Attachment 10 Packet Page Number 210 of 264 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 17, 2014 5. PUBLIC HEARING a. 7:00 p.m. or later: Approval of the following requests at 3030 Southlawn Drive: 1) A conditional use permit to allow multi-family housing in a business commercial district at the Days Inn Building 2) A Parking Reduction for fewer parking spaces than required 3) A unit-size reduction variance i. Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. ii. Architect, Enrico Williams, Kaas Wilson Architects, 2104 - 4th Avenue South, Suite B, Minneapolis, addressed and answered questions of the commission. iii. The applicant, Albert Miller, addressed and answered questions of the commission. iv. Ben Delwick, Kaas Wilson Architects, 2104 - 4th Avenue South, Suite B, Minneapolis, addressed and answered questions of the commission. Chairperson Desai opened the public hearing. Nobody came forward to address the commission. Chairperson Desai closed the public hearing. Commissioner Trippler moved to approve a conditional use permit resolution to allow multi-family seniors housing in a BC zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: (additions or deletions to the conditions are underlined or in bold) 1. All construction shall follow the site plan date-stamped June 2, 2014, approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. If there is a need for additional parking spaces in the future, the applicant shall revise the plan to provide additional parking stalls to meet their needs, subject to staff approval. The applicant shall provide an adequate number of electrical power stations in the parking lot for residents to use plug-in engine heaters since there will not be any underground parking. 5. The applicant shall comply with the conditions stated in the engineering report dated June 4, 2014. 6. The applicant shall comply with the requirements of the city’s building official, assistant fire chief and health officer. 7. This permit allows 115 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. J2, Attachment 11 Packet Page Number 211 of 264 8. The applicant shall work with the city engineer to provide a safe walkway across Southlawn Drive for their residents. 9. All costs to the city associated with retrieving memory-care residents that “walk-away” from the proposed seniors residence shall be paid by the applicant. Seconded by Commissioner Donofrio. Ayes - All The motion passed. Commissioner Trippler moved approval of a parking waiver for fewer parking spaces than code requires, allowing 73 spaces. This proposal for 115 units of senior housing would require 230 parking spaces. The city finds that the proposed reduction to 73 parking spaces would be sufficient for this assisted-living and memory-care seniors housing facility since senior housing facilities do not require the amount of parking needed for typical multi-family housing needs. Should a parking shortage develop in the future, the applicant shall revise the plan to provide enough to meet their needs, subject to staff approval. Seconded by Commissioner Ige. Ayes - All The motion passed. Commissioner Trippler moved approval of a variance resolution to allow a living-unit size reduction. This variance allows memory-care living units beginning at 312 square feet. Code require a minimum of 580 square feet. This variance is based on the findings that: 1. Memory-care housing facilities do not require the amount floor area that would be needed for typical multi-housing developments. Therefore, smaller unit sizes would be in harmony with the general purposes of the zoning requirements based on the industry standards for such housing. 2. The proposed assisted-living and memory-care seniors housing facility would be consistent with the comprehensive plan since the Plan encourages the city to provide life-cycle housing for its residents. 3. The proposed unit sizes for memory-care units is reasonable since the city ordinance does not accommodate or address living-quarter sizes for senior citizen housing or special needs housing such as for memory-care residents. The city’s requirements for studio or one- bedroom housing units are excessive for those with intensive-care or memory-care housing needs. Seconded by Commissioner Ige. Ayes - All The motion passed. This item goes to the city council July 14, 2014. J2, Attachment 11 Packet Page Number 212 of 264 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 24, 2014 1. DESIGN REVIEW a. Approval of Design Plans to Convert Day’s Inn Building into Senior Housing, 3030 Southlawn Drive i. Planner, Michael Martin gave the report and answered questions of the board. ii. Architect, Ben Delwicke, Kaas Wilson Architect, 2104 4th Ave S, Ste B, Minneapolis, addressed and answered questions of the board. Boardmember Kempe moved approval of a parking waiver for fewer parking spaces than code requires, allowing 73 spaces. This proposal for 115 units of senior housing would require 230 parking spaces. The city finds that the proposed reduction to 73 parking spaces would be sufficient for this assisted-living and memory-care seniors housing facility since senior housing facilities do not require the amount of parking needed for typical multi-family housing needs. Should a parking shortage develop in the future, the applicant shall revise the plan to provide enough to meet their needs, subject to staff approval. Boardmember Kempe moved approval of the plans date-stamped June 2, 2014, for the Days Inn Hotel Conversion to senior housing. Approval is subject to the following conditions: 1. Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2. The applicant shall obtain a conditional use permit from the city council for the proposed housing facility in a BC (business commercial) zoning district. 3. The applicant shall complete the site improvements as proposed in the plans. This includes all landscaping, trash enclosure upgrades, retaining wall repair, building painting and parking lot and driveway changes and improvements. 4. After its removal, the old parking lot surface shall be restored to lawn and kept maintained and mowed. 5. The applicant shall comply with the conditions noted in the engineering report by Jon Jarosch dated June 4, 2014. 6. The applicant shall comply with all requirements of the city’s building official, assistant fire chief and health officer. 7. The applicant shall obtain approval of a parking waiver from the city council before beginning this project. 8. The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping, before betting a building permit. Seconded by Boardmember Shankar. Ayes – All The motion passed. This item goes to the city council July 14, 2014. J2, Attachment 12 Packet Page Number 213 of 264 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Tom Ekstrand, Senior Planner Steven Love, Assistant City Engineer DATE: July 2, 2014 SUBJECT: Approval of the Maekloth Addition Preliminary Plat and Final Plat, Hazelwood Street and County Road D East Introduction The City of Maplewood is requesting approval of the preliminary plat and final plat for a 1.9 acre parcel called the Maekloth Addition. The City of Maplewood owns this parcel and is presently marketing it for sale for commercial development. Background The city acquired this land as a result of the construction project to realign County Road D and the County Road D/Hazelwood Street intersection. These realignments were to create a safer intersection but resulted in excess Hazelwood Street right-of-way. On April 11, 2011, the city council vacated the excess Hazelwood Street right-of-way. On March 10, 2014, the city council vacated a remaining right-of-way easement which covered the subject property. Refer to the attached 2011 right-of-way vacation detail. The subject property is planned for I (industrial) use and zoned M1 (light manufacturing). Both allow commercial or light industrial development. The site is accessed from Hazelwood Street and sanitary sewer and public water mains are available. Discussion The above vacation approvals by the city council “cleaned-up” the property allowing for the drafting of the Maekloth Addition plat by staff. Staff has worked with Ramsey County on the creation of this plat, which has approved the Maekloth Addition both as a preliminary plat and as a final plat. Once the city council approves this final plat it may be recorded with Ramsey County. J3 Packet Page Number 214 of 264 Commission Actions June 17, 2014: The planning commission recommended approval of the preliminary and final plat. Budget Impact None. Recommendation Approve the preliminary plat and the final plat for the Maekloth Addition, located at the southwest corner of County Road D East and Hazelwood Street. Attachments 1. Location Map 2. Land Use Plan Map 3. Zoning Map 4. Maekloth Addition Preliminary/Final Plat 5. 2011 Right-of-Way Vacation 6. Planning Commission Minutes dated June 17, 2014 J3 Packet Page Number 215 of 264 J3, Attachment 1 Packet Page Number 216 of 264 J3, Attachment 2 Packet Page Number 217 of 264 J3, Attachment 3 Packet Page Number 218 of 264 J3, Attachment 4 Packet Page Number 219 of 264 J3, Attachment 5 Packet Page Number 220 of 264 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JUNE 17, 2014 a. 7:00 p.m. or later: Approval of the Maekloth Addition Preliminary Plan and Final Plat, Hazelwood Street and County Road D East i. Senior Planner, Tom Ekstrand gave the presentation and answered questions of the commission. Chairperson Desai opened the public hearing. Nobody came forward to address the commission. Chairperson Desai closed the public hearing. Commissioner Trippler moved to approve the preliminary plat and the final plat for the Maekloth Addition, located at the southwest corner of County Road D East and Hazelwood Street. Seconded by Commissioner Kempe. Ayes - All The motion passed. This item goes to the city council July 14, 2014. J3, Attachment 6 Packet Page Number 221 of 264 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Tom Ekstrand, Senior Planner DATE: July 2, 2014 SUBJECT: Approval of the Following at 1081 Highway 36 for Chuck Whitaker: A. A Conditional Use Permit for Used-Car Sales B. A Variance for Used-Car Sales Closer than 350 Feet to a Residential District Introduction Chuck Whitaker, of Whitaker Buick GMC Company, is proposing to lease space at 1081 Highway 36 to sell upper-end used cars. He proposes to park his 40 to 60 car vehicle inventory indoors. Refer to Mr. Whitaker’s narrative. (Mr. Whitaker’s narrative mentions that he would have two service bays for minor repairs. He no longer proposes to do this since he can have these repairs performed at his other dealerships.) Requests Mr. Whitaker is requesting the following approvals: • A conditional use permit for used car sales • A variance for used car sales closer than 350 feet to a residential district Refer to the attachments. Discussion CUP Consideration Staff must evaluate this proposal according to the guidelines in the CUP ordinance. CUP Findings for Approval The zoning ordinance requires that the city council find that all nine “standards” for CUP approval be met to allow a CUP. These standards for approval are: 1. The use would be located, designed, maintained, constructed and operated to be inconformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. J4 Packet Page Number 222 of 264 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. The proposed used-car sales business would comply with these criteria. Since the cars would be kept indoors, staff does not feel that there would be any impact on the area. Proposed Paving The applicant proposes to pave the area behind his rental space. The adjacent area behind Hirshfield’s is also graveled and in poor condition. Staff recommends the abutting area behind Hirshfield’s cleaned-up and paved as well for improved aesthetics and uniformity to improve the appearance of the north side of this property. Variance for Used-Car Sales Closer than 350 Feet to a Residential District The applicant’s proposed business would be 190 feet from the closest part of a residential lot to the north. The closest home with a residential zoning would be 380 feet away. There is a home on M1 (light manufacturing) property across the street to the north at 1041 Gervais Avenue. Staff does not see any negative impact to the neighborhood since the applicant would park his cars inside the building. The applicant should, however, be mindful of this close neighbor and not cause any undue noise of activities during business hours. State law requires that variances shall only be permitted when they are found to be: (1) In harmony with the general purposes and intent of the official control; (2) Consistent with the comprehensive plan; J4 Packet Page Number 223 of 264 (3) When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. The proposed variance would be in harmony with the intent of the ordinance. With a 350 foot separation from a residential property, the code attempts to buffer auto sales activities from residents. In this case, there would be no outdoor car sales or displays, so staff sees no concern in this instance. The use would also be consistent with the comprehensive plan since it is classified commercial and auto sales are a commercial activity. The existing building is closer than 350 feet to the nearest residentially zoned property. This is nothing the applicant can control. It is just a fact of building proximity. This “practical difficulty” is being addressed by the applicant by his plans to operate his used-car sales business inside the building. Other than test drives, there would be no impact on the neighborhood. The residential district to the north, furthermore, is almost fully screened by mature trees from this commercial property. Department Comments Building Official Nick Carver, the building official, stated that this is considered a "change in use" and basically all current code requirements must be included with their design. Architectural, mechanical, plumbing and accessibility requirements must be met. Engineering Jon Jarosch, staff engineer, commented that it appears that the majority of the proposed work is interior in nature. The exterior improvements are limited to a minor area of pavement replacement. The applicant shall obtain a permit from the City of Maplewood prior to the replacement of this paved area. If the proposal changes and additional exterior improvements are proposed, the project will require additional review. Fire Marshal Any automobile maintenance must be in accordance with proper auto-repair licensing requirements. All fire code requirements must be met. Police No issues noted. Commission Actions July 1, 2014: The planning commission recommended approval of the CUP and variance. The planning commission added the following CUP conditions based on the discussion and comments from a nearby resident concerned with traffic increase: J4 Packet Page Number 224 of 264 • The permitted hours of retail operation shall be Monday through Thursday 9 a.m. to 8 p.m. and Friday and Saturday 9 a.m. to 6 p.m. • Test drives shall be limited to the frontage road with drives through the residential neighborhood strongly discouraged. As a result of the planning commission’s discussion, staff is also recommending the addition of the condition that vehicle deliveries and transport unloading shall be done on site and not along public streets. Budget Impact None. Recommendation A. Approve the conditional use permit resolution to allow used-car sales at 1081 Highway 36. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the plans date-stamped June 11, 2014, approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year after review and good-cause is shown. 3. The city council shall review this permit in one year. 4. This permit requires that cars for sale be kept indoors as proposed. 5. Any signs shall be installed in accordance with the Maplewood Sign Ordinance. 6. The applicant shall pave the area behind the building to eliminate the graveled parking and driveway surfaces. The property owner shall also do the same in the area behind Hirshfield’s at the same time to clean up the site. 7. The permitted hours of retail operation shall be Monday through Thursday 9 a.m. to 8 p.m. and Friday and Saturday 9 a.m. to 6 p.m. 8. Test drives shall be limited to the frontage road with drives through the residential neighborhood strongly discouraged. 9. Vehicle deliveries and transport unloading shall be done on site and not along public streets. J4 Packet Page Number 225 of 264 B. Approve of the variance resolution for the proposed Whitaker used car sales business to be less than 350 feet from a residential district. The proposed use would be 190 feet away. This variance approval is based on the following findings: 1. The proposed variance would be in harmony with the intent of the ordinance. With a 350 foot separation from a residential property, the code attempts to buffer auto sales activities from residents. In this case, there would be no outdoor car sales or displays, to eliminate any neighborhood impact. 2. The use would be consistent with the comprehensive plan since it is classified commercial and auto sales are a commercial activity. 3. There are practical difficulties in complying with the ordinance. The existing building is closer than 350 feet to the nearest residentially zoned property. This proximity is nothing the applicant can control. This “practical difficulty” is being addressed by the applicant by operating his used car sales business inside the building. Other than test drives, there would be no impact on the neighborhood. The residential district to the north, furthermore, is almost fully screened by mature trees from this commercial property. J4 Packet Page Number 226 of 264 Reference Information Site Description Site size: 2.19 acres Existing land use: Various commercial uses including Hirshfield’s, Evolution Pet Foods and Valve Check Surrounding Land Uses North: A single dwelling on M1 (light manufacturing) property and K&W Rolloffs South: Highway 36 and Keller Park East: South Metro Human Services West: Commercial businesses Planning Land Use Plan designation: C (commercial) Zoning: M1 (light manufacturing) Code Requirement Sections 44-512 (5) requires a CUP for the sale or leasing of used motor vehicles. Also, used car sales must be at least 350 feet from a residential district. Findings for CUP Approval Section 44-1097 (a) requires that the city council base approval of a CUP on nine findings. Refer to the findings for approval in the resolution. Variance Findings All variances must follow the requirements provided in Minnesota State Statutes. State law requires that variances shall only be permitted when they are found to be: • In harmony with the general purposes and intent of the official control • Consistent with the comprehensive plan • When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. J4 Packet Page Number 227 of 264 Application Date The application for this request was complete on June 11, 2014. State law requires that the city decide on these applications within 60 days. The deadline for city council action is August 10, 2014. Attachments 1. Conditional Use Permit Resolution 2. Variance Resolution 3. Location Map 4. Land Use Plan Map 5. Zoning Map 6. Aerial Photograph 7. Applicant’s Letter of Request date-stamped June 11, 2014 8. Applicant’s Floor Plan date-stamped June 11, 2014 p:sec9\1081 Highway 36_Whitaker CUP for used car sales\Whitaker used car sales CC report 7 14 te J4 Packet Page Number 228 of 264 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Chuck Whitaker, of Whitaker Buick GMC Co., has applied for a conditional use permit be allowed to sell used automobiles at 1081 Highway 36. WHEREAS, Sections 44-512 (5) of the city ordinances requires a conditional use permit for used car sales in a M1 (light manufacturing) zoning district. WHEREAS, this permit applies to the property located at 1081 Highway 36. The property identification number of this property is: 092922310001 WHEREAS, the history of this conditional use permit is as follows: 1. On July 1, 2014, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On ____________, 2014, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. J4, Attachment 1 Packet Page Number 229 of 264 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans date-stamped June 11, 2014, approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year after review and good-cause is shown. 3. The city council shall review this permit in one year. 4. This permit requires that cars for sale be kept indoors as proposed. 5. Any signs shall be installed in accordance with the Maplewood Sign Ordinance. 6. The applicant shall pave the area behind the building to eliminate the graveled parking and driveway surfaces. The property owner shall also do the same in the area behind Hirshfield’s at the same time to clean up the site. 7. The permitted hours of retail operation shall be Monday through Thursday 9 a.m. to 8 p.m. and Friday and Saturday 9 a.m. to 6 p.m. 8. Test drives shall be limited to the frontage road with drives through the residential neighborhood strongly discouraged. 9. Vehicle deliveries and transport unloading shall be done on site and not along public streets. The Maplewood City Council _________ this resolution on _______, 2014. J4, Attachment 1 Packet Page Number 230 of 264 VARIANCE RESOLUTION WHEREAS, Chuck Whitaker, of Whitaker Buick GMC Co., has applied for a variance to be allowed to operate a used car sales business closer than 350 feet to a residential zoning district. WHEREAS, this variance applies to the property at 1081 Highway 36. The property identification numbers for this property is: 092922310001 WHEREAS, Sections 44-512 (5) of the city ordinances requires that used car sales businesses be at least 350 feet from a residential district. WHEREAS, the applicant’s proposed use would be 190 feet from the nearest residential district. WHEREAS, the history of this variance is as follows: 1. The planning commission held a public hearing on July 1, 2014. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this variance. 2. On _____________, the city council considered the recommendations of city staff and the planning commission and the testimony of persons present at the meeting. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above- described variances since: 1. The proposed variance would be in harmony with the intent of the ordinance. With a 350 foot separation from a residential property, the code attempts to buffer auto sales activities from residents. In this case, there would be no outdoor car sales or displays, to eliminate any neighborhood impact. 2. The use would be consistent with the comprehensive plan since it is classified commercial and auto sales are a commercial activity. J4, Attachment 2 Packet Page Number 231 of 264 3. There are practical difficulties in complying with the ordinance. The existing building is closer than 350 feet to the nearest residentially zoned property. This proximity is nothing the applicant can control. This “practical difficulty” is being addressed by the applicant by operating his used car sales business inside the building. Other than test drives, there would be no impact on the neighborhood. The residential district to the north, furthermore, is almost fully screened by mature trees from this commercial property. The Maplewood City Council ________ this resolution on _________, 2014. J4, Attachment 2 Packet Page Number 232 of 264 J4, Attachment 3 Packet Page Number 233 of 264 J4, Attachment 4 Packet Page Number 234 of 264 J4, Attachment 5 Packet Page Number 235 of 264 J4, Attachment 6 Packet Page Number 236 of 264 J4, Attachment 7 Packet Page Number 237 of 264 J4, Attachment 8 Packet Page Number 238 of 264 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Michael Thompson, Director of Public Works/City Engineer Steve Lukin, Fire Chief DATE: July 8, 2014 SUBJECT: Approval of Terra General Contracting as Construction Manager, East Metro Public Safety Training Center, City Project 09-09 Introduction The initial work under Phase 1 of the project is nearing completion and will be ready for training activities to begin in the second half of July. Training of the departments on the use of the gas burn props is scheduled for July 14, 2014. As part of the 2014 bonding bill, the city (as the fiscal agent for the project) was awarded an additional $1,650,000 to complete the remaining critical portions of Phase 1. Phase 1 work under this additional budget allocation will include completion of the commercial wing on the training tower building and training building and completion of paving within the training site. The council will consider approving a professional services contract with Terra General Contracting (Terra) to serve as a construction manager for this work. Background The project Feasibility Study was accepted by the council back on May 14, 2012. Construction of utility extensions to the site (Bid Package 1) and soil correction work/mass grading (Bid Package 2) began in late 2012 and continued into 2013. After rebidding a scaled back version of the burn building and tower structure due to escalated construction costs, the burn building and tower construction contract (Bid Package 5) was awarded in August 2013. The contract completion date for these buildings was March 1, 2014 for the burn building and May 30, 2014, for the tower. Substantial completion for Bid Package 5 was achieved on July 1, 2014 due to contractor delays. The project Steering Committee and city’s consultant, SEH, has reviewed options for completing the remaining work. Due in part to the construction climate in the area, and with Terra the general contractor on the Maplewood South Fire Station, the team recommends employing Terra as Construction Manager at Risk (CMAR). This takes advantage of their presence in the area on another Maplewood project and the economies of scale associated with that presence. The CMAR will take construction plans, which are being prepared by SEH, and secure construction contracts with contractors to deliver the remaining Phase 1 work. The CMAR will advertise for bids or obtain construction quotes for the work in accordance with the city policies. Prior to this step however the CMAR will establish a guaranteed maximum price (GMP). J5 Packet Page Number 239 of 264 Staff has obtained preliminary fee estimates from Terra and a second CM firm and determined that Terra’s proposed fees of 4% of construction costs are reasonable and lower than the 5% proposed by the second firm. Terra has also proposed General Conditions cost of 5.17%, compared to the second firm’s cost of 5.6%. Based on an estimated construction cost on the order of $750,000 for this portion of the remaining Phase 1 work, Terra’s project fee will be an estimated $30,000 plus an estimated $37,000 for the General Requirements. PROJECT SCHEDULE The schedule for the remaining Phase 1 work is to complete the construction documents in late July and begin advertising for bids on the major items (i.e., concrete pavement and precast concrete structures), in August 2014. The schedule will provide for commencing construction in the fall of 2014 and completion of the work in the winter of 2014-2015. The schedule will be refined to avoid conflicts with ongoing fire training operations at the facility. This work is scheduled to be completed by March 1, 2015. Budget Impact The original budget adopted in May 2012 for this Phase 1 project was $4.335 million. Since that time additional revenues from transfers, additional SPRWS funding, MnDOT signal contributions total $238,900. Thus it is anticipated an updated budget plan will be brought back to council to reflect these additional revenues and also additional expenses. The revised financing plan will also be adjusted to reflect the 2014 additional bonding bill allocation of $1.65 million of which a portion is for the remaining Phase 1 commercial wing of the burn tower and additional burn liner and props. In projecting total expenditures and revenues for both the initial Phase 1 work and the remaining Phase 1 work, the project is anticipated to be within budget. Prior to awarding construction work for the remaining Phase 1 of the project, an updated detailed budget plan will be brought to council for consideration. This is likely to occur on August 11, 2014. Recommendation The City Attorney has reviewed the agreement and it is recommended that the Council approve Terra General Contracting as Construction Manager for the East Metro Public Safety Training Center, City Project 09-09, and authorize the City Manager to execute the agreement with Terra. Furthermore, minor changes are hereby authorized as needed by the City Attorney. Attachments 1. Construction Manager at Risk Agreement with Terra J5 Packet Page Number 240 of 264 J5, Attachment 1Packet Page Number 241 of 264 J5, Attachment 1Packet Page Number 242 of 264 J5, Attachment 1Packet Page Number 243 of 264 J5, Attachment 1Packet Page Number 244 of 264 J5, Attachment 1Packet Page Number 245 of 264 J5, Attachment 1Packet Page Number 246 of 264 J5, Attachment 1Packet Page Number 247 of 264 J5, Attachment 1Packet Page Number 248 of 264 J5, Attachment 1Packet Page Number 249 of 264 J5, Attachment 1Packet Page Number 250 of 264 J5, Attachment 1Packet Page Number 251 of 264 J5, Attachment 1Packet Page Number 252 of 264 J5, Attachment 1Packet Page Number 253 of 264 J5, Attachment 1Packet Page Number 254 of 264 J5, Attachment 1Packet Page Number 255 of 264 J5, Attachment 1Packet Page Number 256 of 264 J5, Attachment 1Packet Page Number 257 of 264 J5, Attachment 1Packet Page Number 258 of 264 J5, Attachment 1Packet Page Number 259 of 264 J5, Attachment 1Packet Page Number 260 of 264 J5, Attachment 1Packet Page Number 261 of 264 J5, Attachment 1Packet Page Number 262 of 264 J5, Attachment 1Packet Page Number 263 of 264 M1 MEMORANDUM TO: City Council FROM: Melinda Coleman, Interim City Manager DATE: July 9, 2014 SUBJECT: Council Calendar Update Introduction/Background This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcement of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. No action is required. Upcoming Agenda Items & Work Session Schedule 1. July 28 – Economic Development Updates 2. July 28 – Recreational Fires Ordinance Review 3. July 28 – Public Safety Closest Car Concept 4. July 28 – Disposition of City Firearms 5. Aug 11 - 2015 Budget Preview Budget Impact None. Recommendation No action required. Attachments None. Packet Page Number 264 of 264